Groups sue ex-DOTC chief Abaya over 'disadvantageous' MRT deal

Civil society groups on Friday filed a graft complaint against former Department of Transportation and Communication (DOTC) Secretary Joseph Emilio Abaya for allegedly entering into a "disadvantageous" contract for the procurement of MRT-3 train cars worth P3.7 billion.

Abaya,  former DOTC Bids and Awards Committee chairman Jose Perpetuo Lotilla and members Rene Limcaoco and Juanito Bucayan, overall head of secretariat Catherine Jennifer Gonzales, head of Project Implementation Team Roman Buenafe, MRT-3 director for operations and several John and Jane Does, were accused violation of Section 3(e) and (g) of the Anti-Graft and Corrupt Practices Act.

The Anti-Trapo Movement of the Philippines, Liga ng Explosibong Pagbabago, and United Filipino Consumers and Commuters filed the complaint before the Office of the Ombudsman, assisted by their legal counsel, former MRT-3 General Manager Al Vitangcol III.

In their 12-page complaint, the complainants said the respondents, in 2013, awarded the contract for the procurement of 48 Light Rail Vehicles with On-Board Communications System, On-Board ATP System and one unit train simulator to Dalian Locomotive & Rolling Stock Co., Ltd., a Chinese manufacturer.

Dalian, they said, declared the lowest bid of P3,759,382,400.

After several procurement processes, the complainants said all 48 train cars were delivered, following the schedule of delivery of 17 months from August 25, 2015, the date of the issuance of the Notice to Proceed.

But the Dalian-made train cars, according to the complainants, were "not fully operational." There was also no report of the delivery of the train simulator, they added.

The complainants further said that in a radio interview on April 24, Transportation Undersecretary Cesar Chavez said the 48 new train coaches might not be operational for the next three years because they were never fully tested and had no signaling system.

"Dalian proved itself to be not technically capable of delivering the goods it was contracted to manufacture. Respondents, for one reason or another, turned a blind eye on Dalian's technical deficiencies," the complaint read.

"If it is not for anything else, then this is lucidly gross inexcusable negligence on the part of the respondents. Without any doubt, herein respondents entered into... a transaction which was manifestly and grossly disadvantageous to the government," it added.

In an interview with reporters, Vitangcol clarified that even though he was the general manager of the MRT-3 at that time, he had no control of the transactions of the DOTC.

"Ang lahat po ng mga procurement, simula nang maupo si former DOTC Sec. Mar Roxas ay kinuha sa mga ahensya. Ang mga ahensya po ay walang kakayahan at walang power magpa-bid at mag-award," Vitangcol said.

"Ang mga opisyales po ng MRT-3 at that time ay walang kakayahan na magpa-bid at mag-award. Lahat po ito ay gawa ng DOTC," he added.

Apart from criminal indictment, the complaints also asked the Ombudsman to be administratively charged and penalized. —KBK, GMA News