Former DOTC chief asks SC to reconsider ruling on graft charges

Former Department of Transportation and Communications (DOTC) Secretary Pantaleon Alvarez has asked the Supreme Court (SC) to reconsider its earlier ruling to revive the plunder and graft charges against him and other officials linked to the anomalous contracts involving the construction of the Ninoy Aquino International Airport Terminal 3 (NAIA-3).

In a 15-page motion for reconsideration filed though his Lawyer Eddie Tamondong, Alvarez said the High Court’s third division erred when it ruled that the Ombudsman did not commit grave abuse of discretion in upholding the concession contracts entered into by the DOTC with Wintrack Builders Inc., which was owned by Alvarez, to do clearing operations at the site of NAIA-3.

Alvarez said the dismissal of the complaint filed by the Manila International Airport Authority-NAIA Association of Service Operators could not have contravened the court’s ruling.

Alvarez said there could not be a case of plunder when the High Court recognized that no public funds were disbursed in the construction of the airport facility.           

Aside from Alvarez, other government officials who were also charged with plunder, graft and violation of the Code of Ethical Standards include former DOTC Secretary Vicente Rivera Jr., NAIA general manager Antonio Gana, MIAA general manager Edgardo Manda, officers and employees of Wintrack namely Diosdado Acob, Reynaldo Roa, Lewelyn Villamor, Jose Gabriel Benedicto, Jose Go and Elpidio Mendoza.

The Wintrack Builders allegedly bagged juicy contracts in the NAIA-3 project, while Rivera was charged for executing the concession contracts called the Amended and Restated Concession Agreement (ARCA).

The approval of the Wintrack’s billings allegedly enabled Alvarez to obtain a windfall of over P76 million in excess of actual works done at the NAIA-3.

The respondents allegedly conspired with each and created a monopoly on the services at the NAIA-3 as shown by the "onerous, disadvantageous and unlawful provisions of the 1997 concession agreement, the amended and restated concession agreement and the three supplements thereto."

When MIAA entered into a contract with Wintrack, the latter allegedly overbilled the agency by as much as P76.5 million, P56 million of which were paid to private respondents by the government.

On May 5, 2003, the High Court declared void ab initio the build-operate- transfer contract signed by the government as it were found contrary to public policy.