CA clears Clark airport CEO in misconduct raps

Concurring with the ruling were Associate Justices Eduardo Peralta Jr. and Geraldine Fiel-Macaraeg. (File Photo By Ramon FVelasquez – Own work, CC BY-SA 3.0)

MANILA — The Court of Appeals (CA) has cleared the president and chief executive officer of the Clark International Airport Corp. (CIA) of liability in connection with the award of the PHP222.5-million contract for the airport’s navigational landing system.

In an 11-page decision by Associate Justice Ramon Garcia, the CA’s 11th Division ruled in favor of CIAC head Emigdio Tanjuatco and ruled for the reversal of the ruling issued by the Office of the Ombudsman on Aug. 31, 2016, which found him guilty of simple misconduct and imposing on him the penalty of three months suspension without pay.

Concurring with the ruling were Associate Justices Eduardo Peralta Jr. and Geraldine Fiel-Macaraeg.

In finding Tanjuatco liable for simple misconduct, the Ombudsman held that he violated Department of Budget and Management (DBM) Circular Letter 2010-9 dated Dec. 30, 2010 when he issued the notice of award and entered into a contract agreement with Evercon Builders and Equipment Corp. before receiving the Special Allotment Release Order (SARO) or any actual cash transfer from the Department of Transportation and Communications (DOTC).

While the DOTC already issued a modified obligation budget request in favor of the CIAC, the CA said the fact remains that it has not yet received a notice of cash allocation for the procurement of the project.

The CA said Tanjuatco should not be held liable for simple misconduct over the award of the contract with Evercon.

“Here, we find the elements of misconduct, simple or grave, to be wanting. There is no substantial evidence to show the presence of the elements of corruption, clear intent to violate the law or flagrant disregard of established rule on the part of petitioner Tanjuatco,” the CA said.

“Neither is there any showing that he is guilty of any intentional wrongdoing or a deliberate violation of a rule of law or standard of behavior, or that he wrongfully used his position to procure some benefit for himself of for another person or entity,” it added.

It further explained that there was no willful violation on the part of Tanjuatco to violate the DBM circular.

Instead, the CA said his actions show good faith in taking into consideration that the circular was intended to fast-track the implementation of priority projects of the government and to ensure that the delay in the release of the budget would not deter the procuring agency from pursuing its procurement activities.

“In fact, there appears to be no deliberate or conscious act on his part showing bad faith or intent to give undue advantage to Evercon in order to personally profit from the transaction,” the CA said.