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DOTr files raps vs. Abaya, other ex-DOTC execs for MRT mess
The Department of Transportation (DOTr) on Monday filed charges against former Transportation Secretary Joseph Emilio Abaya and other ex-officials of the Department of Transportation and Communications (DOTC) over the Metro Rail Transit mess.
WATCH: Ilang opisyal ng @DOTrPH na nasa Ombudsman para maghain ng kaso laban kay ex-DOTC Sec. Abaya at BURI. https://t.co/tiH9pKRvCc
— GMA News (@gmanews) October 23, 2017
Abaya was accused of graft, according to a report by Sam Nielsen on dzBB.
Former DOTC Sec. Joseph Emilio Abaya, sinampahan ng graft dahil sa mga aberya sa MRT-3. | via @dzbbsamnielsen pic.twitter.com/ORbLGFPP1H
— DZBB Super Radyo (@dzbb) October 23, 2017
Also included in the complaint as respondents were former DOTC undersecretaries Edwin Lopez (Operations), Rene Limcaoco (Planning, and head of the Negotiating Team), and Catherine Jennifer Gonzales (Procurement and Administration, and vice-head of the Negotiating Team), and former MRT general manager Roman R. Buenafe.
Likewise included in the complaint as respondents were:
- Camille R. Alcaraz, former assistant secretary and chairperson, Bids and Awards Committee (BAC)
- Ofelia D. Astrera, vice chairman, BAC
- Charissa Eloisa Julia R. Opulencia, provisional member, BAC
- Oscar B. Bongon, provisional member, BAC
- Jose Rodante P. Sabayle, provisional member, BAC
- Maria Cecilia G. Natividad, member, BAC.
Officers and staff of MRT maintenance provider Busan Universal Rail Inc. (BURI) were also included in the complaint. They are:
- Eldonn Ferdinand V. Uy
- Elizabeth C. Velasco
- Belinda Ong Tan
- Brian C. Velasco
- Chae-gue Shim
- Antonio P. Borromeo
- Jun Ho Hwang
- Elpidio Silvestre Uy
- William dela Cruz
- Eugene Rapanut
Other John Does and Jane Does were also named as respondents.
DOTr Undersecretary for Legal Affairs and Procurement Reiner Paul Yebra filed the complaint against the respondents for violation of Sec. 3(c) and 3(g) of the Anti-Graft and Corrupt Practices Act (RA 3019).
'Disadvantageous' contract
In the complaint, the respondents, "conspiring and confederating with one another" were accused of entering "into a contract manifestly and grossly disadvantageous to the government."
The complaint further said that BURI is an unqualified service provider since it was a newly formed corporation at the time they started implementing the maintenance contract.
It added that the contract for the maintenance services of the MRT was awarded to Busan Transportation Corporation, Edison Development and Construction, Tramat Mercantile, Inc., TMICorp. Inc., Castan Inc. Joint Venture (Busan JV) and not BURI.
The five companies forming Busan JV are the incorporators of BURI. It was incorporated on January 4, 2016, three days before the contract of DOTC-MRT3 with Busan JV was signed on January 7, 2016. According to the complaint, Alcaraz wrote the Securities and Exchange Commission on December 23, 2015 asking that they "facilitate" the incorporation of BURI.
"Worse, and aside from the fact that the contract between DOTC and the Busan JV has been and is being implemented by BURI, which is a totally different entity, BURI is a newly formed corporation who does not only lack the required years of experience, but more importantly has not, for all legal intents and purposes, joined the bidding at all," the complaint read.
"The maintenance provider is required to have at least 15 years of continuous experience from the submission of its offer in the maintenance of railway system," the complaint said.
"Respondents actuations, though seemingly independent, in fact, reveal unity of design and purpose to favor BURI," it said.
BURI took over the maintenance services at MRT3 on January 8, 2017.
Undue injury to the Gov't and public
The complaint also said the respondents caused undue injury to the Government and the commuting public.
The DOTr said that based on the report of the Commission on Audit, these occurred in 2016:
- 63 service interruptions caused by rolling stocks failure, broken tracks/rails, system failure or other causes
- 586 incidents of passenger unloading
- 2,705 train removals
These amounted to a total of 649 service interruptions and passenger unloading for the calendar year 2016, or almost two cases every day.
From January 1 to July 30, 2017, the DOTC said these occurred:
- 38 service interruptions
- 246 incidents of passenger unloading
- 1,116 train removals
There were also seven cases of train derailment from April to October 2017.
Unwarranted benefits
The DOTr also said the respondent DOTC officials and employees "gave private respondents unwarranted benefits, advantage and preference in the discharge of their official functions through manifest partiality, evident bad faith and/or gross inexcusable negligence."
It pointed out that instead of requiring a valid joint venture agreement, the respondents required only a certificate of registration of a special purpose company or proof of application for such a company, issued by the SEC.
The DOTr also said the respondents allowed that the maintenance contract between DOTC and Busan JV be implemented by BURI.
Abaya looks forward to clearing name
Sought for comment, Abaya said he has yet to receive a copy of the complaint but he will clear the allegations against him.
"We have not received a copy of the complaint and we will study the complaint but in any event, our decision has always been guided by our conscience and our compliance with procurement laws and laws with regard to the procurement of the maintenance provider," he said in a text message.
"We look forward to clearing our name before any appropriate body," he added.
BURI statement
In a statement sent to media on Monday, Atty. Charles Mercado of BURI said they have yet to receive a copy of the complaint.
"Nevertheless, BURI is confident that it will be able to answer and negate any charges against the company or its officials," he said. —With a report from Jon Viktor Cabuenas/KG, GMA News
