Vitangcol asks Ombudsman to probe Abaya for graft

Al Vitangcol III, former MRT general manager.
INQUIRER FILE PHOTO / GRIG C. MONTEGRANDE

Sacked Metro Rail Transit (MRT-3) General Manager Al Vitangcol III on Wednesday asked the Ombudsman to investigate outgoing Transportation Secretary Joseph Emilio “Jun” Abaya over allegations of kickbacks in the MRT-3 expansion capacity project.

In a complaint-affidavit he filed before the office, Vitangcol and Leon Peralta from the group Liga ng Eksplosibong Pagbabago said Abaya and Undersecretary Jose Lotilla were beneficiaries of a P75.187-million kickback in the procurement for 48 light rail vehicles (LRVs) as part of the P3.7-billion MRT capacity expansion project.

Vitangcol cited an email last May 17, 2013 correspondence of Antonio De Mesa, representative of the winning bidder Dalian Locomotive and Rolling Stock, to Mr. Eugene Rapanut promising a three percent of the project cost to the officials of the Department of Transportation and Communications (DOTC).

The complainants said the email stated that one percent would be given to members of the Bids and Awards Committee (BAC) for them “to take care of the others who help, along with some officials in the DOTC’s circle.”

Rapanut, meanwhile, responded to De Mesa that “in the event of a successful bid, Dalian has committed to give five percent” and that two percent was for the DOTC officials.

After that email correspondence, Dalian in 2014 won the contract for the design, supply and delivery of 48 LRVs with onboard communications system, onboard ATP system and one unit train simulator.

The winning bid of Dalian was at P3,759,382,400.

Abaya then approved the notice of award to Dalian, Vitangcol said.

As of this date, Dalian was only able to deliver six MRT coaches, some still unoperational, the complainants said.

The complainants also quoted the report on the MRT by Senator Grace Poe that the contract with Dalian for additional 48 LRVs was “highly suspicious” because it seemed the DOTC waited for a “friendly bidder” that would “cooperate” with the department.

Poe, in her report as chair of the subcommittee on public services, recommended that the Office of the Ombudsman, the Department of Justice and the Civil Service Commission investigate the DOTC officials for graft.

READ: Abaya to be sued for MRT mess—Poe

The complaint said Vitangcol filed the complaint-affidavit bolstered by the findings of the report which recommended graft charges against Abaya.

“The exchange of communications between De Mesa and Rapanut, not only bolsters the suspicions of Senator Poe, but provides a clear and convincing evidence that money changed hands and that kickbacks were given to DOTC officials,” the complainants said.

The complaint said based on the computations, the kickbacks for BAC members amounted to P37.593 million while the kickbacks for the DOTC officials amount to P75.187 million.

“Clearly, the named respondents directly received a percentage for themselves in connection with the contract wherein they, as public officers in their official capacity, has intervened and in fact awarded the contract to Dalian,” the complaint said.

The complainants asked the Ombudsman to investigate the following officials for graft and breach of Code of Conduct and Ethical Practice: Abaya, Lotilla and the other DOTC undersecretaries Rene Limcaoco, Julianito Bucayan Jr., Catherine Gonzales and current MRT General Manager Roman Buenafe.

The complainants charged the officials with graft for giving undue benefit to Dalian and for receiving a gift or percentage in connection with the contract, in violation of the Anti-Graft and Corrupt Practices Act.

The complainants also charged them with violation of Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, for accepting solicitation or gifts in connection with a transaction in government.

READ: Amid graft raps, Vitangcol says MRT under new management worse

In an interview after the filing, Vitangcol told reporters that he filed the complaint against Abaya in the face of alleged harassment by the outgoing administration.

Abaya is the acting president of President Benigno Aquino III’s Liberal Party.

“Kapag mayroon tayong siniwalat na bago, binabalikan tayo ng administrasyon. Tayo ay iniipit at tayo ay ginigipit (If I say new revelations, the administration gets back at me. They are harassing me),” Vitangcol said.

For his part, Abaya in a text message said he welcomed any investigation by the Ombudsman because he is confident the procurement process within the DOTC was proper.

“We have always worked hard to ensure a level playing field in all our procurement activities throughout my time at DOTC,” Abaya said.

“As we have nothing to hide and are confident that all steps in connection with this procurement are aboveboard, we very much welcome an investigation by the Ombudsman, so that truth may come out,” he added.

Meanwhile, MRT Head Executive Assistant Joel Erestain said the alleged anomaly involving the LRVs happened not during Buenafe’s term but during the stint of the complainant Vitangcol himself.

“GM Buenafe was not with the MRT-3 yet during the bidding for the 48 coaches. And Engineer Roman Buenafe was not the one who asked for a $30 million kickback. Allegedly, it was the former GM, who ironically is the complainant,” he said.

Vitangcol already faces a graft case before the Sandiganbayan for allegedly awarding without public bidding the maintenance contract to PH Trams, of which one of the incorporator was his wife’s uncle Arturo Soriano.

The Ombudsman has also indicted Vitangcol for graft over the alleged extortion try on Czech firm Inekon in exchange for contracts for the supply of additional LRVs in connection with the P3.7-billion MRT-3 expansion project.

READ: Ex-MRT chief Vitangcol indicted for $30M extort try

Vitangcol has decried selective justice, pinning down Abaya as having a hand in the approval of the anomalous projects. RAM

READ: After graft rap due to MRT fiasco, Vitangcol pins down Abaya