Ex-CAAP exec gets 10 years for graft

MANILA, Philippines — Former Civil Aviation Authority of the Philippines (CAAP) deputy director general for operations Daniel Dimagiba was sentenced to up to 10 years in prison for issuing an operations certificate to an unqualified airline management firm in 2008.

In a decision promulgated on June 14, the Sandiganbayan First Division found Dimagiba guilty of violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. He was sentenced to six to 10 years imprisonment and perpetually disqualified from holding public office.

Filed by the Office of the Ombudsman in 2013, the case stemmed from Dimagiba’s issuance of an Air Carrier Operating Certificate (ACOC) to One Sky Aviation Services Inc. (OSASI) valid from Aug. 1, 2008 to July 31, 2009. 

The ombudsman said OSASI was not qualified for the operating certificate as it failed to secure a valid Certificate of Public Convenience and Necessity (CPCN) from the Civil Aeronautics Board (CAB), a mandatory requirement under Republic Act 9497 or the CAAP Charter.

In convicting Dimagiba, the First Division said the former CAAP official did not have the authority to issue an ACOC in the first place, citing Section 35 of RA 9497.

“Indeed, the accused is aware that under the law, it is the CAAP director general – and not him (Dimagiba) – who has the power and authority to issue the said ACOC to OSASI,” the First Division’s decision read.

The court found no weight on Dimagiba’s claim that then CAAP director general Ruben Ciron gave him the verbal authorization to issue an ACOC.

“The court is not persuaded... At the very least, proof of a valid delegation coming from DG Ciron authorizing the accused to issue ACOC to OSASI should have been presented,” the First Division said.

Assuming that Ciron gave Dimagiba the verbal directive to issue the certificate to OSASI, the latter should have ensured that all the requirements were complied with by the company, according to the court.

“Indeed the accused should have been forewarned that OSASI never applied for an ACOC nor did it undergo the proper certification process for the issuance by the CAB of a CPCN,” the decision read.

In the same decision, however, the First Division acquitted Dimagiba of violation of Section 3 (a) of RA 3019, a provision which prohibits a public official from inducing or influencing another public officer to perform acts violative of any rules and regulations promulgated by a competent authority.

The case stemmed from Dimagiba’s alleged act of using his position to influence his two subordinate aviation inspectors to change to passing rates the failing grades they originally gave two flight school students in connection with their flight proficiency check rides.

The court said the prosecution failed to establish the key element of the charged offense – that the accused stands to gain some consideration, reward or advantage for himself in perpetrating the act.

“In this case, the prosecution neither alleged in the information, nor did it present any evidence that will prove that the accused acted for a consideration, payment or remuneration and that the accused intended to obtain personal gain, enrichment or advantage,” the First Division’s decision read.