Sacked Metro Rail Transit (MRT 3) General Manager Al Vitangcol has asked the Sandiganbayan to issue a gag order on Liberal Party standard-bearer Mar Roxas to stop the latter from making accusations against him over the MRT maintenance contract mess.
In an urgent motion, Vitangcol asked the antigraft court’s third division to issue the gag order to prevent the justices from being swayed by public opinion shaped by the media, which reports the presidential candidate’s public statements against the former MRT chief.
Vitangcol said his name was mentioned by Roxas during the second presidential debate in Cebu on March 20.
Chided by his nemesis Vice President Jejomar Binay for his alleged involvement in corruption after being pinned down by Vitangcol, Roxas in the debate said:
“Wala pong kinalaman si Mar Roxas sa kahit anong katiwalian na naganap diyan MRT na ’yan. Ang importante ay malaman natin na ang katotohanan ay si Mr. Vitangcol ay natanggal sa puwesto dahil tiyo niya ang kabahagi ng mga nag-bid diyan sa mga kontrata habang siya ay nanunungkulan sa MRT.”
Roxas was quoted in a Philippine Star report as saying it was not him but Vitangcol who was charged with graft for awarding the maintenance contract to his uncle-in-law, the incorporator of PH Trams.
In the report, Roxas said that when he was transportation secretary, the maintenance contractor was still Sumitomo.
“The above statements of presidential candidate Manuel ‘Mar’ Roxas II are not only false but tend to prejudice the right to accused’s fair trial. These also violate the rule on comments … in sub judice (case),” Vitangcol’s motion said.
“A public outcry for a conviction, ignited and fanned by massive publicity in the news media, may prompt even the judges to take action calculated to railroad the accused to a conviction,” Vitangcol said.
He said Roxas’ accusations aired over the media could result in a trial by publicity that might put the court proceedings to disrepute.
“It is difficult to remain oblivious to the pressures that the news media can bring to bear on them both directly and through the shaping of public opinion,” his motion said.
Vitangcol is facing graft before the Sandiganbayan for the awarding without public bidding of the MRT 3 maintenance contract to PH Trams-CB&T joint venture where his uncle-in-law Arturo Soriano is an incorporator.
READ: After graft rap due to MRT fiasco, Vitangcol pins down Abaya
He had decried selective justice, adding that the Ombudsman cleared from the charges Transportation Secretary Jun Abaya even though he approved the anomalous contract in favor of PH Trams.
The Department of Transportation and Communications dismissed Vitangcol on August 2014 after he was accused of conflict of interest when he awarded a contract to the firm of his wife’s uncle.
The Ombudsman also indicted him on two counts of graft over an alleged extortion attempt on Czech firm Inekon in exchange for contracts with the railway system.
READ: Ex-MRT chief Vitangcol indicted for $30M extort try
Vitangcol sought a gag order after he went to the Supreme Court to tell about Roxas’ supposed “inaction” in bidding out the MRT maintenance contract at the tail end of the latter’s term as transportation secretary.
He said Roxas failed to act on the proposal for a public bidding for a new maintenance contract when the deal with Sumitomo Corp. was set to expire on October 2012.
Vitangcol also said it was current Transportation Secretary and Liberal Party president Abaya who had signed the contract with PH Trams after the department resorted to direct contracting because of lack of time.
READ: Neglect of Roxas, Abaya led to MRT woes, says Vitangcol
The DOTC even extended the contract with PH Trams twice, which cost the government around $12.170 million or P535.5 million, he added.
Vitangcol denied he had a hand in awarding the contract to PH Trams, saying his uncle-in-law had divested his shares by the time PH Trams was granted the deal.
He also asked the Supreme Court to issue a temporary restraining order and/or writ of preliminary injunction on the proceedings before the Sandiganbayan while his motion before the high court was still pending. RC
READ: MRT ‘mistakes’ started in Roxas’ DOTC stint, say private owners