Mactan-Cebu International Airport Authority (MCIAA) General Manager and Chief Executive Officer Steve Dicdican and 14 other persons face a complaint before the Department of Justice (DOJ) for allegedly violating the Constitution and the Anti-Dummy Law over the awarding of the concession deal to a consortium that is not wholly Filipino owned, the National Bureau of Investigation (NBI) announced on Friday, Dec. 4.
NBI Officer-In-Charge Director Eric Distor said the complaint was filed before DOJ Prosecutor General Benedicto Malcontento last Nov. 26 by the NBI’s Anti-Fraud Division (NBI-AFD) following an investigation of a report made by a complainant.
Aside from the DOJ, Distor said a complaint was also filed against against Dicdican last Nov. 27 before the Office of the Ombudsman (OMB) for violating the Code of Conduct and Ethical Standards for Public Officials as well as the Anti-Graft and Corrupt Practices Act.
Under the complaint that was filed before the DOJ, Dicdican and his co-respondents are accused of having violated Commonwealth Act No. 108, the Anti-Dummy Law.
The other respondents in the complaint are Filipino and foreign executives of GMR Megawide Cebu Airport Corp (GMCAC).
The Filipinos executives of GMCAC are Manuel Louie Ferrer, Edgar Saavedra, Oliver Tan, and JZ dela Cruz.
While, the foreign executives of GMCAC who have been named as respondents are Indian Srivinas Bommidala, Singaporean P. Sripathy, Indian Videk Singhai, Ghanian Andrew Acquaah-Harrison, Indian Ravi Bhatnagar, Indian Ravishankar Saravu, Irish Michael Lenane, Indian Sudarshan MD, Indian Kumar Gaurav, Indian Magesh Nambiar, and Indian Rajesh Madan.
“Evidence submitted by the complainant and gathered by the investigators showed that the foreign nationals were actually performing executive and managerial positions,” the NBI said in a statement.
GMCAC, a consortium between Megawide Construction Corp. and GMR Group., won the P14.4 billion bid for the 25-year concession for the operation and management of the Mactan-Cebu International Airport (MCIA).
“The concession is for the expansion and operation of MCIA which consists of the construction of a new passenger terminal with all associated infrastructure facilities; rehabilitation and expansion of the existing terminal along with all associated infrastructure and facilities; installation of the required information technology and other equipment commensurate with the operations; and operation and maintenance of both passenger terminals during the concession period,” the NBI explained.
Though Megawide is company incorporated under Philippine laws, the NBI said “GMR Group is a foreign infrastructure company.”
“The complainant stressed that the subjects conspired, connived, colluded, schemed and acted together to violate the 1987 Constitution and the Anti-Dummy Law,” the NBI said.
“The complainant added that based on the evidence, the MCIA is operated, administered, and managed by non-Filipinos more particularly by an Irish, a Ghanaian and several Indians who have profound control, enjoyment, and control over a Philippine public utility, with the knowledge and approval of the Filipino officers of MCIAA and GMCAC among whom are the subjects Dicdican, Saavedra, Ferrer, Tan, and Cruz,” it added.