"What happens to the company’s unsolicited proposal for the expansion of NAIA?"
"What happens to the company’s unsolicited proposal for the expansion of NAIA?"
On June 26, 2018, Department of Transportation Secretary Arthur Tugade issued a memorandum barring prospective bidders with pending cases against the government from participating in all its bidding activities.
In justifying the memorandum, DOTr Undersecretary for Legal Affairs and Procurement Reinier Paul Yebra stressed the department was duty-bound to ensure that all prospective bidders are properly screened towards the goal of preventing opportunities for corruption in government.
Yebra added disqualification of prospective bidders with pending cases against the government is one of the reforms instituted by Tugade in an effort to promote good governance and transparency in the agency's bidding and procurement processes.
Last week, the National Bureau of Investigation bared it had filed charges against some officials of Megawide Construction, the firm the DOTr is pushing for in the expansion project of the Ninoy Aquino International Airport, for violation of the anti-Dummy Law.
In a press statement, the NBI announced the filing of charges against Edgar Saavedra, chairman of Megawide, along with 13 others including those from their foreign partners from New Delhi-based GMR Infrastructure Limited.
The NBI said it had found evidence against Saavedra and his business partners for violation of the Anti-Dummy Law. This law penalizes persons who and corporations which circumvent the foreign equity restrictions stated in the Constitution.
The Anti-Dummy Law states that no franchise, certificate or any other form of authorization for the operation of a public utility shall be granted except to citizens of the Philippines or to corporations or associations organized under the laws of the Philippines.
Incidentally, NBI’s announcement of the filing of charges came hours after Megawide issued a statement saying the company is “being threatened with malicious attempts to bring down its reputation and credibility.”
One of the accused, lawyer Steve Dicdican, vehemently denied the allegations saying he joined the firm long after the consortium entered into a contract with the government.
We’re not here to discuss about the merits of the case as it is the court which holds responsibility over that. But with a standing memorandum on companies with pending cases, where does that leave Megawide regarding its unsolicited proposal for the NAIA expansion?
We tried to get Tugade’s comment on the issue, but he did not reply to our text message. Undersecretary for Planning and Project Development Ruben Reinoso was more accommodating when he sent the following message: “It should apply to all,” referring to Tugade’s memorandum.
So, why not issue a statement to clarify Megawide is no longer part of the NAIA expansion project?
This even as sources reveal that the Manila International Airport Authority Board, voting six against three abstentions (no negative vote), had decided to cancel the Original Proponent Status of Megawide in their meeting last December 4.
With the MIAA Board composed of representative from the Office of the President, the secretaries of the DOTr, the Department of Finance, the Department of Justice, the Department of Tourism, the MIAA General Manager, the Civil Aviation of the Philippinests a Director General and two independent directors, it would be safe to assume Tugade even failed to vote in support for the Megawide-NAIA expansion project.
This is aside the fact the project had already been red-flagged by the Investment Coordination Committee of the National Economic Development Authority due to serious defects on the company’s proposal.
The NEDA-ICC also questioned the financial capability of Megawide in carrying out the expansion project which would give the company full control of the NAIA operation for a quarter of a century. The NEDA-ICC maintains that Megawide does not have the equity to conduct expansion work of NAIA.
With a declared net worth of P17.998 billion, Megawide wants to enter into a contract to expand and rehabilitate NAIA which would require at least
P107 billion. And no less than Carlos Dominguez and Karl Kendrick Chua, Finance Secretary and Acting NEDA Secretary, who both co-chair the ICC, have validated this point when they returned the unsolicited proposal to Tugade’s office.
There’s no more point in pushing for the NAIA expansion project if it’s still to be undertaken by Megawide. Both Tugade and Megawide have to concede.
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Justice delayed is of course, tantamount to justice being denied.
Last month, I wrote an article on the failure of the law to protect the innocent when it comes to vehicular accidents. According to the medico legal whom I talked to, the law provides the automatic filing of cases against the superior vehicle in case of accidents, no matter whose fault it is.
If a pedestrian is hit by a bicycle, it should be the biker who would be slapped with a case; if a bicycle is hit by a motorcycle, then the rider would be charged; if a motorcycle is hit by a car, the driver of the car would be held responsible, and so on and so forth.
If an accident occurs and results to a death, the driver who survives in the mishap would be charged.
Now, there was this case of a vehicular accident involving a motorcycle and an SUV which happened two months ago which claimed the life of the female rider when her motorcycle rammed into the SUV.
But according to the owner of the SUV, the investigation conducted by the Land Transportation Office shows it was actually the female rider who was at fault, and the findings of the investigator is now at the desk of a certain lawyer Romeo Vera Cruz, awaiting for his signature since last month.
If indeed the driver of the SUV, who had the misfortune of spending some time behind bars because the accident resulted in the death of the rider, is innocent, why not sign the paper and free the SUV driver of any fault?
The feeling of guilt being a part of an accident which claimed the life of another person even though it’s not his fault is already too much pain to agonize with. Much more with the belief of being innocent but being held hostage by red tape. Just uphold or reject the findings. But spare him from further agony.