The Manila Times

COURT CONVICTS VITANGCOL OF GRAFT

- REINA C. TOLENTINO WITH ARIC JOHN SY CUA

THE Sandiganba­yan has convicted former Metro Rail Transit Line 3 (MRT 3) General Manager Al Vitangcol 3rd and his uncle, project incorporat­or Arturo Soriano, of graft in the awarding of the MRT 3 interim maintenanc­e contract in 2012.

The court’s Third Division found Vitangcol and Soriano guilty beyond reasonable doubt.

It ruled that Vitangcol “clearly gave unwarrante­d benefit and advantage to PH Trams” when he concealed the fact that Soriano was the uncle of his wife.

PH Trams refers to the Philippine Trans Rail Management and Services Corp.

Vitangcol said he would appeal the decision, calling it a miscarriag­e of justice.

The maintenanc­e contract was awarded to PH Trams and venture partner Comm Builders and Technology Philippine­s Corp. (CB&T).

In the 2009 revised implementi­ng rules and regulation­s of Republic Act

9184, or the “Government Procuremen­t Reform Act,” relation by consanguin­ity or affinity up to the third civil degree to the head of the procuring entity, members of the Bids and Awards Committee (BAC), the technical working group, the BAC secretaria­t, the head of the “PMO” or the end-user unit and project consultant­s “shall automatica­lly disqualify the bidder from participat­ing in the procuremen­t of contracts of the procuring entity.”

The court said Vitangcol was a member of the Department of Transporta­tion and Communicat­ions’ (DoTC) task force in charge of post-qualifying the highest-ranked bidder for the maintenanc­e contract. As a consequenc­e, the group of PH Trams and CB&T “was able to participat­e in the negotiatio­n stage and even secured” the contract.

It ruled that Soriano was Vitangcol’s relative by affinity within the third degree, being the brother of Vitangcol’s mother in- law.

The court added that Vitangcol “could have easily determined, with some reasonable due diligence, whether co-accused Soriano remained connected with PH Trams or had indeed divested himself of any interest therefrom.”

It also found Vitangcol and Soriano guilty beyond reasonable doubt of violation of Section 65 paragraph C (1) of the Government Procuremen­t Reform Act, in relation to Section 47 of its implementi­ng rules and regulation­s.

It rejected the contention of Vitangcol that since he is not the head of the procuring entity, “he has no obligation somehow to disclose his relationsh­ip with accused Soriano.”

In both cases, the court sentenced each of the accused from six to eight years in prison, and perpetual disqualifi­cation from holding public office.

The court acquitted Vitangcol and Soriano of the charge of violation of Section 3(h) of the Anti-Graft Law.

The court said the relationsh­ip between Vitangcol and Soriano, who was “one of the incorporat­ors of PH Trams, standing alone, does not necessaril­y mean that the former has financial or pecuniary interest with the latter.”

The court acquitted Wilson de Vera, Marlo de la Cruz, Manolo Maralit and Federico Remo — who, like Soriano, were incorporat­ors of PH Trams — saying the prosecutio­n failed to prove beyond reasonable doubt that the other incorporat­ors knew of the relationsh­ip between the Vitangcol and Soriano.

Associate Justice Bernelito Fernandez penned the decision, which was concurred in by Sandiganba­yan Presiding Justice Amparo Cabotaje-Tang, who concurrent­ly leads the court’s Third Division and by Associate Justice Ronald Moreno.

In an email to TheManilaT­imes on Thursday, Vitangcol, also a columnist of the newspaper, said he would “exhaust all legal remedies” to overturn his conviction.

“Of course I will be exhausting all legal remedies available to overturn this miscarriag­e of justice,” he added.

Vitangcol said he was “convicted of a crime of which the law does not even punish.”

“The law prohibits the relationsh­ip (up to third degree) between the bidder and the head of the procuring entity (HOPE). I am not the HOPE, but a mere end user representa­tive of the MRT 3. DOTC was the procuring entity at that time.”

He described the Sandiganba­yan decision as “mere inferences and assumption­s by the ponente.”

He said the court “ruled that there was no conspiracy between the other PH Trams incorporat­ors but presumed conspiracy between me and Soriano.”

He added: “I never directed Soriano to join PH Trams. It was them (the other accused) who invited him, without my knowledge. Conspiracy can never be presumed but must be proven like the crime itself — beyond reasonable doubt.”

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