Billboard controversy simmers on MRT3

THE billboards that dot the highways and byways of Metro Manila – especially those adjacent to LRT and MRT stations which can command huge amounts of cash from prospective advertisers on account of their prime location – are often in the news because of their salacious content.

But now the billboards are in the news for more pressing legal reasons, with a complaint filed against five individuals, including three former senior officials of the Department of Transportation and Communications (DOTC) for alleged anomalous leasing of lucrative advertising space around the close environs of the EDSA MRT 3 to a private firm.

An eight page complaint-affidavit has been filed before the Office of the Ombudsman by complainant Howard Calleja against Glicero Sicat, who was former DOTC Undersecretary for Railways; Aristotle Batuhan, former DOTC Undersecretary for Administrative Legal Affairs, Finance and Comptrollership; and Raquel Desiderio, former DOTC Assistant Secretary for Legal Affairs.

In addition, Trackworks president and CEO Joselito De Joya and the current DOTC Metrostar Director for Operations Renato San Jose are also named as respondents in the complaint.

Sicat and the four other respondents are being accused of violating Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, for failing to conduct a mandatory public bidding before entering into a contract for the lease of the advertising spaces owned by the government as required by RA 9184 or the Procurement Act.

The controversy harks back to earlier this year when the DOTC through Sicat entered into a contract with Trackworks for advertising in the EDSA MRT 3’s Buendia, Shaw and Ayala stations where thousands of commuters pass through every day.

In his complaint, Calleja stressed that by the very fact that the advertising spaces are public property they must be put on bidding for the highest rates.

“Consequently, the spaces – which are the subject of this complaint – are owned by the government and should have been awarded to the highest bidder. In the absence of a public bidding, the government was unduly deprived of the opportunity to obtain the best rates for its available space,” Calleja lamented.

He went on: “Despite the clear mandate of the law, there is no showing that DOTC put out an invitation to the public for the bidding of the advertising spaces. The lease of advertising
spaces did not go through public bidding of any kind.”

The deal, the complaint seems to suggest, effectively deprived the government of the best terms for the commercial space from bidders, thereby, putting the cash-strapped government at a grossly disadvantageous position.

Added Calleja, “There being no bidding process conducted by DOTC it is quite clear that undue preference was given to Trackworks for the latter to secure the contract.”

Calleja pointed out that notwithstanding the illegality of entering into an agreement between DOTC and another party over the advertising rights within the MRT 3 system (not to mention the absence of compliance with the provisions of RA 9184) respondent San Jose issued access passes to Trackworks.

“This goes to show that the Metrostar official approved of and continued the decisions taken and put into effect by Sicat ,Desiderio and Batuhan,” Calleja noted.

“Beyond doubts, respondents Sicat, Batuhan, Desiderio, and San Jose, in conspiracy with Trackworks through respondent De Joya, committed violations of Section 3 (e) of RA 3019,” the complainant said.

Section 3 (e) states “causing any undue injury to any party, including the government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

With tens of thousands of commuters who double as consumers streaming through the MRT stations concerned on a daily basis – and whose eyes and minds are what advertisers are after – millions for pesos worth of much needed revenue for the public coffers will rest on the outcome of this contentious issue.


Reposted from: http://manilatimes.net/index.php/opinion/columnist1/10858-billboard-controversy-simmers-on-mrt3
Published : Tuesday, November 08, 2011 00:00
Written by : Random Jottings

rjottings@yahoo.com