‘Conflict of’ or ‘in conflict with’

Ever since the start of the P-Noy administration, the DOTC seems to be stuck on flypaper or in mud and unable to move on with many of the much-needed infrastructure. While vital day-to-day concerns of citizens such as vehicle number plates, the Pasig River Ferry and airport security and airline problems continue to go unresolved, the DOTC Secretary is now in the center of an issue that may grow bigger than he bargained for.

As reports have it, DOTC Secretary Joseph Emilio Abaya is quoted as saying that companies who operate airlines will be excluded or not allowed to participate in the bidding for the P17-billion expansion of the Cebu-Mactan International Airport because this may pose a “conflict of interest” or give an airline operator who wins the project, the upper hand against competitors in terms of airline operations.

The question that should be asked is: Is it an issue of conflict of interest or is it because the excluded conglomerates are in conflict “with” another corporation’s interest?

As far as airline companies are concerned, Abaya’s declaration has effectively excluded and shown bias against the Gokongwei group, which owns Cebu Pacific and against the San Miguel Corp., which is a managing partner in Philippine Airlines.

On the surface the typical reaction of critics of Abaya’s policy is to challenge the exclusion of companies that are actually in the better if not the best position to help design and build airports based on their years of operational and actual experience. In short, who better to build a facility than the people who’ll use them. The second point that these critics raise is why reinvent the wheel or the practice, considering other countries do not exclude or hold a bias against developers who also operate airlines.

All that is quite obvious but the DOTC dictum also seems to overlook a minor complication, as well as potentially politically embarrassing “issue.” We all know that San Miguel Corp. has been very instrumental in the expansion and overhaul of the Caticlan-Boracay Airport which has earned a lot of praise from thousands, if not a million visitors to the Best Beach-island destination in the world.

The San Miguel Group, responsible for developing the Caticlan-Boracay Airport, was in existence even before SMC bought into Philippine Airlines and their primary interest has always been to engage in infrastructure development projects, both public and private. Being a conglomerate, why should certain business interests be excluded or punished simply because the mega corporations made investments that are all good for the country?

Why should the Gokongwei and SMC group be handicapped from participating in the President’s PPP or Public-Private Partnership program just because they have more than others? The construction or expansion of the Cebu-Mactan International Airport requires having the capital, the expertise and the experience to build and construct the facilities and not about owning and flying airplanes. In case the DOTC Secretary fails to realize it, these are two separate and distinct businesses. Did Abaya actually hire out a research company or law firm to investigate if there are facts or grounds to back his presumptuous edict?

When this ridiculous decision started popping up online, I consulted with a couple of business columnists and industry leaders in aviation and tourism as to what could possibly drive an intelligent ex-lawmaker to make a haphazard declaration. A common note from all of them raised concerns that the DOTC initiative or dictum may have been a solicited or unsolicited decision designed to give a “Non-Tsinoy” group the upper hand.

Meanwhile, it may serve Secretary Abaya to seriously study his edict, because if he and his people fail to substantiate their concern or fears, their very conservative position could create very serious suspicions about interests and incompetence.

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Some people have bright ideas, but not necessarily the best solutions or fail to consider consequences.

When DILG Secretary Mar Roxas announced that henceforth the PNP will no longer present suspects because it is a violation of the suspects’ human rights, I honestly and grudgingly agreed with him. Fair is fair, even suspects have rights. But what about criminals who were caught in the act or arrested and have confessed to the crime?

My point is, the policy is correct, but does Secretary Roxas have a counter proposal or set of things that can be done related to the issue? In the first place, the lineup is just about the only accepted practice of showing proof that the PNP has captured or arrested criminals. So what will the PNP now do to EFFECTIVELY show the public their arrests and accomplishments, show statistics? I think not.

I guess we can now look forward to the Pinoy version of Cops on the block Reality TV shows.

The other equally important concern is the undeniable fact that as much as we hate the “lineup” or presentation of suspects, it has been an effective way of alerting victims that an illegal recruiter was arrested or a robber-rapist of dental clinics has finally been captured. The last time the cops paraded a notorious “Akyat-Bahay” suspect, several victims reportedly showed up at the precinct to complain.

Sec. Mar has a good heart; he just has to go a little further on his homework.

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