Ombudsman’s decision to spare Abaya from graft charges criticized

The Office of the Ombudsman’s decision to spare Transportation Secretary Joseph Emilio Abaya from graft charges over the alleged irregularities in the MRT-3's interim maintenance contract drew sharp criticism on Monday from opposition groups.

In a statement, lawyer JV Bautista, secretary general of the United Nationalist Alliance (UNA), accused Malacañang of protecting Abaya and Interior Secretary Mar Roxas, who also served as chief of the Department of Transportation and Communications (DOTC) from 2011 to 2012.

“Kataka-taka at hindi isinama ng Ombudsman sina Roxas at Abaya sa sasampahan ng demanda. Sino ba ang DOTC secretary noon nang magsimula ang transaksyon? Sino ba ang pumirma sa kontrata ng PH Trams?” Bautista asked.

"It looks like it has been stage-managed and another spin to divert people's attention from the anomalies surrounding MRT3. Obviously, Sec. Roxas and Abaya enjoy the protection given to them by Malacañang,” he added.

In a separate statement, Renato Reyes, secretary general of the progressive group BAYAN, also questioned the Ombudsman’s decision to spare Abaya.

“Why clear DOTC Sec. Jun Abaya when he signed the contract as secretary of the DOTC? The maintenance contract was awarded to PH Trams two days after Abaya was appointed. He could have delayed and reviewed the contract if he wasn't sure,” Reyes said.

Last week, the Ombudsman announced that it has ordered the filing of graft charges against former MRT-3 General Manager Al Vitangcol III and five incorporators of Philippine Trans Rail Management and Services Corporation in connection with alleged irregularities in the train line's interim maintenance contract.

The Ombudsman said these individuals “conspired to irregularly award” the MRT-3 contract to the PH Trams-CB&T joint venture.

Not untouchable

Malacañang, for its part, refuted claims that it is protecting Abaya from charges.

In a text message, Communications Secretary Herminio Coloma Jr. said the Ombudsman made its decision based on evidence.

“Walang konseptong untouchable. Ang pagsampa ng mga kaso mula sa DOJ (Department of Justice) at ehekutibo ay batay sa ebidensya. Hiwalay at independiyenteng constitutional body ang Ombudsman,” the Palace official said.

Both Abaya and Roxas are members of the ruling Liberal Party (LP), which President Benigno Aquino III heads. Roxas is presumed to be the party’s standard-bearer for the 2016 polls.

Senator Grace Poe, who also earlier questioned Abaya’s exclusion in the list of officials who will be charged over the MRT deal controversy, meanwhile pointed out that the DOTC chief is liable for anomalies in his agency based on the principle of command responsibility.

“Kahit papaano, iyan po ay nasa ilalim ng kanyang pamamalakad kaya po gusto kong makita kung ano ang nabanggit ng Ombudsman bakit masasabing hindi talaga siya ang may responsibilidad nun,” Poe said in a separate radio interview.

“Sapagkat hindi ba, hindi naman maaprubahan ang bidding na iyan kung ang secretary po ay hindi naman pumayag? So iyun lang naman po ang sa akin,” she added. —KBK, GMA News