Piatco president cleared

MANILA, Philippines - The president of the firm involved in the construction of the Ninoy Aquino International Airport (NAIA) Terminal 3 avoided graft and corruption charges after the Supreme Court (SC) ruled that he could not be prosecuted.

However, the SC said it was ruling on the “infirmity” of the charge sheet lumping Henry Go, Philippine International Air Terminals Co. (Piatco) president, with a public official on charges of conspiracy to violate Republic Act 3019, the Anti-Graft and Corrupt Practices Act, not on whether he was guilty or innocent.

In reversing its previous decision finding Go criminally liable, the SC said he could not be indicted for violation of RA 3019 because the Sandiganbayan had already acquitted former transportation secretary Vicente Rivera with whom he is alleged to have conspired to enter into a contract disadvantageous to the government.

“Based on the foregoing, it follows as a matter of course that the instant case against herein petitioner Henry Go should likewise be dismissed,” read the decision.

“The acquittal of Rivera means that there was no public officer who allegedly violated Section 3(g) of RA 3019.”

In the decision promulgated last April 16, the SC said in alleging conspiracy, a private person should be held liable along with the public officer, in consonance with the avowed policy of the anti-graft law.

“There being no public officer, it follows that a private individual such as herein petitioner Go could not be said to have conspired with such public officer,” read the decision.

“The basis for a finding of conspiracy against petitioner and Rivera has been removed; consequently, the case against Henry Go should likewise be dismissed.”

On March 18, 2008, the Sandiganbayan acquitted Rivera of the crime of violating the Anti-Graft and Corrupt Practice Act.

On Dec. 3, 2008, the SC denied a petition of the Special Prosecutor to allow Go’s prosecution and upheld his acquittal.

Associate Justice Consuelo Ynares-Santiago wrote the SC decision.

Concurring were Associate Justices Ma. Alicia Austria-Martinez, Minita Chico-Nazario, Presbitero Velasco Jr. and Arturo Brion.

On Sept. 3, 2007, the SC ordered the Special Prosecutor to stop prosecuting Go for violation of the Anti-Graft and Corrupt Practices Act.

The SC found merit in Go’s argument that he could not be charged under Section 3 of RA 3019 since he is not a public officer capable of entering into a contract on behalf of the government.

Ma. Cecilia Pesayco, Asia’s Emerging Dragon Corp. (AEDC) corporate secretary, had charged Go and several others of conspiring to defraud the government.

The AEDC group, led by taipan Lucio Tan, lost to Piatco when it failed to match its bid for the construction of NAIA-3

After conducting a preliminary investigation, the Office of the Ombudsman filed charges against Go and Rivera with the Sandiganbayan for violating the Anti-Graft and Corrupt Practices Act.