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Ombudsman files graft charges vs Ex-CAAP official
05 July 2013, Press Release Ombudsman

Two criminal Informations for violations of Republic Act (RA) No. 3019 (Anti-Graft and Corrupt Practices Act) were filed with the Sandiganbayan on June 24, 2013 against a former officer of the Civil Aviation Authority of the Philippines (CAAP).

In a 14-page Resolution, Ombudsman Conchita Carpio Morales ordered the indictment of Daniel Dimagiba, former Deputy Director General for Operations of CAAP, for violations of Section 3(a) and Section 3(e) of RA 3019 for pressuring Capt. Ismael Lapus, Jr. and Capt. Andrew Florentino, both CAAP flight operations inspectors, to change the grades (from failing to passing) of Capt. Saturnino Dela Cruz and Capt. Jayfred Basawil on the Pilot Proficiency Flight Check and for irregularly issuing an Air Carrier Operating Certificate (ACOC) in 2008 to One Sky Aviation Services, Inc. (OSASI), respectively.

The case stemmed from a complaint filed by Ruben Ciron, then Director General of CAAP, in December 2009.

Dimagiba was found to have issued the ACOC to OSASI “without authority, in the absence of the mandatory requirement of Certificate of Public Convenience and Necessity (CPCN) or Temporary Operating Permit (TOP), in violation of existing regulations” thereby giving “unwarranted benefits, advantage or preference and/or caused undue injury to the Government in the discharge of his official administrative functions through manifest partiality, evident bad faith or gross inexcusable negligence.”

The Resolution cited Section 66 of RA 9497 which provides that in no event shall the Director General issue an air operator certificate to an air carrier that does not possess a valid CPCN.

It added that the irregular issuance of the ACOC eventually resulted in the issuance of a Foreign Air Carrier Operating Certificate (FACOC) by the Australian Government to OSASI, which incident placed CAAP “in a very embarrassing situation” and jeopardized the CAAP’s relationship with its civil aviation authority counterparts in Australia and the rest of the world.”

Dimagiba was also found to have threatened not to issue the licenses of six CAAP Flight Operations Inspectors including those of Capts. Lapus and Florentino and to withhold funding for the International Civil Aviation Organization (ICAO) project, if Lapus and Florentino will not change the check ride grades they gave to Dela Cruz and Basawil.##

The Resolution dismissed, however, the criminal charge for Falsification.

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