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BCDA says charges before Ombudsman baseless and malicious
Author: BCDA
Posted: July 22, 2009 | Category: SCTEX
The Bases Conversion and Development Authority (BCDA) yesterday dismissed as “malicious and without basis” graft charges filed at the Office of the Ombudsman against ranking officials of the state-run firm arising from a reported failure by a so-called subcontractor to collect payments from a Japanese contractor involved in the construction of the Subic-Clark-Tarlac Expressway (SCTEX).
BCDA chief legal counsel Arnel Casanova said the complainant, a certain Armando de Rossi, president and CEO of Construction Management and Consultancy Asia, Inc. (CMCAI), has no legal personality in initiating the court suit because de Rossi was neither a registered contractor nor consultant of BCDA or one of its Japanese contractors.
Casanova, himself cited as a respondent, along with BCDA president and CEO Narciso Abaya and SCTEX program manager for engineering and construction Eduardo Lena, clarified that the financial dispute involved only the Japanese contractor Hazama-Taisei-Nippon Steel Joint Venture (HTN-JV) and the CMCAI.
Also named as respondents were HTN officials Tadahiko Kajima, Makota Yoshida, Yoichi Inoue, Kunio Kimata and Tsunemi Nagata.
Casanova noted that de Rossi was “obviously barking up the wrong tree” in dragging the BCDA in an attempt to collect P59.28 million from HTN-JV.
“Clearly, the CMCAI has no business suing us because the BCDA never had any business transactions with it,” Casanova pointed out.
The lawyer also stressed that BCDA was never a party to whatever alleged relationship between the HTN JV and Mr. De Rossi.
Atty. Casanova maintained that the BCDA adhered to its policy of refusing to deal with dubious entities, much less entertain false and spurious claims. “Because of this policy, we were able to save P858 million for the government,” he added.
The BCDA board sought the legal opinion of the Government Corporate Counsel, which ruled that BCDA is obliged to release the P60 million on the basis of HTN JV’s legitimate claims under the civil works contract.
BCDA could not and should not be used as a collecting agent by Mr. De Rossi to pressure HTN JV, a legitimate contractor, by withholding payments due it for legitimate works done for the benefit of the government.
The BCDA also recalled that the Cooperativa Muratome Cementis di Ravenna (CMC), a leading Italian construction firm with major infrastructure projects worldwide, has caused the publication in Manila-based newspapers of an advertorial disclaiming any relationship with de Rossi’s company.
“CMC has become aware that a similarly named company is in operation in the Philippines and throughout Asia. CMC (Asia) Inc. established by an Italian named Armando de Rossi, has set up a website and produced business cards bearing the CMC logo, and is using CMC’s financial and other company-specific information to obtain civil construction contracts in Asia,” the paid ad stated.
