SC junks Piatco exec’s petition

The Supreme Court’s third division has dismissed the petition filed by former Philippine International Air Terminals Co. (Piatco) chairman and president Henry Go to have the graft charges filed against him before the Sandiganbayan quashed.

In a 20-page decision penned by Associate Justice Romeo Callejo and promulgated last April 13, the High Court dismissed Go’s petition for lack of merit and ordered the Sandiganbayan to proceed with the trial of his graft case.

In issuing its decision, the SC also brushed aside Go’s contention that he cannot be charged with graft in relation to the Piatco contract for the development of the Ninoy Aquino International Airport Passenger Terminal III (Naia Terminal III) as he is not a public officer and "neither is he capacitated to enter into a contract or transaction in behalf of the government."

The SC said Go’s claim goes against Section 1 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, which states that "it is the policy of the Philippine government… to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto."

It would be recalled that the High Court on May 5, 2003 declared as null and void the 1997 Concession Agreement, the Amended and Restated Concession Agreement (ARCA), and the Supplemental Contracts entered into between the government through the Department of Transportation and Communications and the Manila International Airport Authority and Piatco.

The contracts (collectively known as the Piatco contracts) were awarded by the government to Piatco under a build-operate-and transfer scheme.

The SC ruled that Paircargo Consortium, Piatco’s predecessor-in-interest was not a qualified bidder as it failed to meet the financial capability requirement under the BOT (Build-Operate-and Transfer) Law. The High Court likewise ruled that the Piatco contracts were null and void for being contrary to public interest.

Subsequently, a complaint was filed before the Office of the Ombudsman by Ma. Cecilia Pesayco, corporate secretary of Asia’s Emerging Dragon Corporation (AEDC), charging several persons with graft in connection with the NAIA Terminal 3 project. The AEDC was the original proponent of the project, and lost to Piatco when it failed to match the latter’s bid price.

After a preliminary investigation, the Ombudsman filed with the Sandiganbayan a case charging then DOTC Secretary Vicente Rivera and Go with violation of Section 3(g) of RA 3019. The case was docketed as Criminal Case No. 28092.

According to the Ombudsman, Rivera conspired with Go to "willfully, unlawfully and feloniously" enter into an amended and restated concession agreement after the project for the construction of the NAIA Terminal 3 was awarded to the Paircarcgo Consortium/Piatco.

The Ombudsman also said that the amended concession agreement was beneficial to Piatco and is "manifestly and grossly disadvantageous" to the government as the government will assume Piatco’s liabilities in the event of the latter’s default. – Mike Frialde