Roxas, Abaya, 2 other DOTC officials linked to MRT-3 mess, Vitangcol tells SC
Liberal Party and administration standard bearer Mar Roxas, current Department of Transportation and Communications Secretaryy Joseph Emilio Abaya, and two other DOTC officials should be held liable in the
controversial $12-million Metro Rail Transit 3 maintenance service contract deal, former MRT 3 general manager Al Vitangcol told the Supreme Court (SC) yesterday.
Vitangcol also asked the High Tribunal to halt the proceedings before the Sandiganbayan against him on charges of graft over an allegedly anomalous deal for the rail system.
Vitangcol likewise wanted the SC to implead the Sandiganbayan Third Division in his pending case before the High Court, and admit as part of the records of the case an affidavit that contains a “full account of his knowledge and participation in all transactions concerning the MRT 3.”
Vitangcol pleaded the SC to accept his affidavit and arrive at a “fair and impartial resolution of his motion for reconsideration and application for a temporary restraining order and injunction.”
He and five other officials of the Philippine Trans Rail Management and Services Corporation have been charged by the Office of the Ombudsman with graft and corruption. He allegedly violated the Anti-Graft Act over the award of an MRT-3 interim maintenance contact without public bidding in 2012.
On Sept. 4, 2015, Vitangcol challenged before the SC the filing of the charges against him by the Office of the Ombudsman.
But the SC dismissed his petition last October 22, prompting him to file a motion for reconsideration on Nov. 6, 2015.
He pleaded for a temporary restraining order (TRO) that would stop the Sandiganbayan from proceeding with the case against him.
No participation? Vitangcol, in his four- page Omnibus Motion, narrated all the circumstances that transpired with the MRT 3 issue and prove that he had no participation with the award of the maintenance contract of the mass rail system.
He accused both Roxas and Abaya of manipulating events related to the maintenance of the MRT-3.
“At tayo naman di tayo nag kulang magpa alala sa mga secretaries ng DOTC mula kay Sec. Roxas hanggang kay Sec. Abaya na kailangan gawin na ito. Pero ang lahat na ito ay hindi nila inaction-an. Lahat yan documented and supported by evidence,” the former MRT general manager claimed.
In his 23-page affidavit, Vitangcol lamented how he had been “singled-out by the Office of the Ombudsman in connection with the procurement of the interim maintenance services for the [MRT 3], a Project Management Office (PMO) under the DOTC.
He said the four officials “should have been the ones brought to justice for gross and inexcusable inaction if not willful and deliberate manipulation of the events and processes related to the maintenance of MRT 3,” he said.
“I am the only DOTC official charged by the Ombudsman despite the unmistakable knowledge, involvement, participation and instruction of my superiors in the DOTC headed by former Secretary Manuel “Mar” Roxas, current DOTC Secretary Joseph Emilio Abaya, Undersecretary for Legal Affairs Atty. Jose Perpetuo Lotilla and Undersecretary Rene Limcaoco,” Vitangcol said.
Vitangcol tossing blame – LP The Liberal party, however, accused Vitangcol of trying to drag as many people on his way down due to the corruption issues he is facing.
And the most convenient person to pull down at this point, according to Liberal Party spokesman for campaign Barry Gutierrez, is Roxas.
“It is obvious that he is just trying to find excuses and toss the blame to an easy target because we are currently under the campaign season,” said Gutierrez.
Gutierrez, a lawyer, said the case that was slapped on Vitangcol stemmed from a clear violation of graft and corruption law when he did not disclose that one of the owners of the company which he tapped to service the MRT is his relative.
Gutierrez won’t buy the argument raised by Vitangcol before the SC, saying the motive is clearly to create confusion on the issue to lessen his liability.
“The actions taken by Secretary Roxas are very clear. PH Trams entered the picture because of the emergency situation they found themselves in,” said Gutierrez.
“Now, if he has other version about it, then he should explain it to the court instead of passing the blame to other people,” he added.
But Vitangcol said in his motion that when he assumed as MRT-3 general manager on 2012, first on his list was the need to ensure a continuation of maintenance services for MRT3.
He said when he learned that the MRTC (Metro Rail Transit Corporation (MRTC) maintenance agreement with Sumitomo Corporation will expire on Oct. 19, 2012, he wrote a letter to then DOTC secretary Roxas on May, 2012, inquiring on who should undertake the procurement for new maintenance.
No response from Roxas Getting no response from Roxas, Vitangcol, on June 19, 2012, wrote a memorandum to Lotilla asking him to act on pending raequest for MRT 3.
“These issues were never addressed promptly – which, as I warned, caused future operational problems at MRT 3,” he said.
A month later, Vitangcol said he raised to Roxas again the need to bid out new contract for the maintenance of MRT 3. He even suggested that the bidding be carried out by MRTC for lack of time on the part of the DOTC.
Even Tomas T. De Leon Jr., chairman and president of MRTC, sent a letter to Roxas on July 25, 2012 or three months before Sumitomo contract expired. De Leon suggested that they carry the bidding since they can focus on the procurement process under a favorable timeline and at a lower cost. However, Vitangcol said no action was made on the letter.
On Aug. 31, 2012, De Leon transmitted a letter from Philippine Trans Rail Management and Services Corporation (PH Trams) CB&T Joint Venture requesting for an inspection of the entire MRT-3 system in connection with its unsolicited proposal for the maintenance provision and presentation before the MRTC.
Vitangcol said from there, he learned that the uncle of his wife was one of the incorporators of PH Trams.
Vitangcol and five incorporators of PH Trams were charged by the Ombudsman before the Sandiganbayan for violation of the Anti-Graft and Corrupt Practices Act and Section 65 of the Government Procurement Reform Act.
But he said his wife’s uncle assured him that he will be assigning back his shares to Marlo P. Dela Cruz. As proof, he said his wife’s uncle Arturo Soriano executed a Deed of Assignment to De La Cruz.
“I was always of the firm belief that Soriano was no longer connected with PH Trams. This conflict of interest became the focal point of the Ombudsman’s investigation and in the process deliberately lost sight of the more insidious practices that have occurred in the DOTC,” Vitangcol said.
Bidding set aside Then, a month before the expiration of the contract or on Sept. 28, 2012, and after Sumitomo called the attention of DOTC, Limcaoco created a Task Force to review the terms of reference of MRT-3 maintenance contract and issue findings within 72 hours.
The Task Force, headed by Vitangcol, recommended an immediate resort to bidding a new contract with a period of five years instead of an interim contract.
However, Vitangcol said their recommendation was never followed when the DOTC resorted to an alternative mode of procuring the services for MRT-3 maintenance, an emergency measure without public bidding citing lack of time.
The negotiating team awarded the contract to PH Trams. The contract of which was signed by Abaya.
“I did not play any role in the formulation of that decision because as General Manager of the MRT-3, I have neither the power nor the authority to approve and award projects amounting to more than 5 million,” Vitangcol said.
With the said contract expiring on April 19, 2013, Lotilla then moved for the bid for a temporary maintenance provider.
Vitangcol said DOTC extended twice the contract with PH Trams which cost the government US$12.170 million or 535.5-million (using the average rate for the period)
He also said PH Trams’ De La Cruz is a friend of Abaya, which he admitted in the Oct. 6, 2014 interview in GMA7’s Bawal ang Pasaway with Prof. Solita Monsod.
But during the Sep. 1, 2014 and Oct. 1, 2014 Senate hearing, Abaya denied knowing De La Cruz.
Then, the DOTC awarded the long term maintenance contract to Busan Transportation Corporation (Busan) in partnership with four other firms.
Vitangcol said Busan was brought in by Eugene Rapanut, a certified member of the Liberal Party in Ilocos Sur since 1987.
He added that “Rapanut likewise brokered the deal for Dalian Locomotive & Rolling Stock Co. Ltd which bagged the supply of 48 new coaches for MRT3.” (With a report from Aaron B. Recuenco)