Vitangcol files graft complaint vs. Abaya, other DOTC execs

Former Metro Rail Transit (MRT) general manager Al Vitangcol III on Wednesday filed a graft complaint against outgoing Transportation and Communications Secretary Joseph Emilio Abaya and several other officials of the DOTC over the alleged anomalous procurement of 48 train coaches from a Chinese company in 2014.

In a nine-page complaint filed with the Office of the Ombudsman, Vitangcol and Leon Peralta, chairman of the progressive group Liga ng Eksplosibong Pagbabago, Inc., said Abaya and five other high-ranking officials must be investigated for possible violation of Sections 3(e) and 3(b) of Republic Act (RA) 3019 or the Anti-Graft and Corrupt Practices Act.

Sections 3(e) of RA 3019 prohibits a public official from giving unwarranted benefit, advantage, or preference to any party or causing any party, including the government, undue injury.

Sections 3(b) of RA 3019, meanwhile, prohibits public official from requesting or receiving gift or favor from any party in connection with a contract or transaction, wherein the public officer in his official capacity, has to intervene under the law.

Vitangcol and Peralta said Abaya and the other respondents must also be investigated for possible violation of Republic Act 6713 or the Code of Conduct and Ethical Standard for Public Officials and Employees.

Aside from Abaya, named as respondents in the complaint are DOTC Bids and Awards Committee chairman Undersecretary Jose Perpetuo Lotilla, DOTC BAC members Rene Limcaoco and Julianito Bucayan Jr., DOTC BAC Secretariat overall head Catherine Jennifer Gonzales and MRT3 general manager Roman Buenafe.

Kickbacks

In their complaint, Vitangcol and Peralta said the respondents conspired in awarding to Chinese company Dalian Locomotive and Rolling Stock Co. a P3.7-billion contract for the purchase of 48 train coaches or light rail vehicles (LRVs) in 2014 as part of the MRT 3 Capacity Expansion Project.

The complainants said there was an exchange of email messages between Dalian representative Antonio de Mesa and a certain Eugene Rapanut, where the former supposedly promised that Dalian will give a 5-percent commission if the contract is awarded to the company.

Vitangcol and Peralta said that based on the exchange of email messages between De Mesa and Rapanut, two percent of the commissions or a total of P75.187 million will be given to the top DOTC officials while one percent or P37.593 million will be given to the DOTC BAC members.

“Clearly, the named respondents directly received a percentage for themselves in connection with the Contract wherein they, as public officers in their official capacity has intervened and in fact awarded the Contract to DALIAN,” the complaint read.

The complainants said this allegation is further corroborated by the sworn statement of former Czech Ambassador Josef Rychtar, who said that he was in possession of a “white paper” describing “in very precise terms a fraud organized for the new coaches bidding by persons from the private sector as well as from the state institutions.”

“Mr. Rychtar further stated that he has sufficient evidence confirming that [the] bidding process and all other activities related to the deals with DOTC/MRT are manipulated and fake[d] in the disadvantage of the Czech company,” Vitangcol and Peralta said in their complaint.

Czech company Inekon Group was among those disqualified to bid for the MRT 3 Capacity Expansion Project.

Senate report

Vitangcol and Peralta said the Ombudsman should also look further into the February 2016 report of the Senate Committee on Public Service headed by Sen. Grace Poe, which concluded that “DOTC’s contract with Dalian for the purchase of additional 48 LRVs is highly suspicious…and in total disregard of what could be better options of other possible provider of quality LRVs.”

“The exchange of communications between De Mesa and Rapanut, not only bolster the suspicions of Senator Poe, but provides a clear and convincing evidence that money changed hands and that kickbacks were given to DOTC officials,” the complaint read.

The complaints also noted that up to now, Dalian has delivered only six coaches for MRT 3, “some of which are still unoperational.”

Aside from their possible criminal offenses, Vitangcol and Peralta also called on the Ombudsman to investigate the possible administrative liabilities of the respondents, and if found guilty, be perpetually barred from holding public office.

In a text message to GMA News Online, Abaya said he has yet to receive a copy of the complaint but maintained that the awarding of the contract was aboveboard.

“We haven’t received a copy of the complaint. However, we have always worked hard to ensure a level playing field in all our procurement activities throughout my time at DOTC,” Abaya said.

“As we have nothing to hide and are confident that all steps in connection with this procurement were aboveboard, we very much welcome an investigation by the Ombudsman so that the truth may come out,” he added.

Buenafe refused to comment on the issue as he has yet to receive a copy of the complaint.

“I haven’t seen, have heard, been furnished a copy of said complaint. It would be foolhardy for me to react or issue a statement as requested given this lack of information,” Buenafe added.

In a separate text message to reporters, MRT head executive assistant Joel Erestein said Vitangcol was the head of the MRT 3 when the contract for the purchase of LRVs was awarded.

“GM Buenafe was not with MRT 3 yet during the bidding for the 48 coaches. And Engr. Roman Buenafe was not the one who asked for kickbacks. Allegedly, it was the former GM (general manager) who, ironically, is the complainant,” Erestein said.

Persecution

In a chance interview after the filing of the complaint, Vitangcol said his knowledge of the supposed anomaly over the P3.7-billion MRT expansion project, was among the reasons why he is supposedly being persecuted by the administration of President Benigno Aquino III.

“Kapag meron tayong isinisiwalat na bago eh binabalikan tayo ng administrasyon na ito, na tayo ay ginigipit. Meron ngang pagkakataon nung bago mag-eleksyon tayo ay sinampahan ng kung anu-anong kaso na alam naman natin na walang saysay,” Vitangcol said.

Vitangcol and five incorporators of PH Trams are facing graft cases before the Sandiganbayan in connection with the alleged anomalous multimillion-dollar contract for the maintenance of MRT 3.

Vitangcol had earlier claimed that it was Abaya and other DOTC officials who approved the said contract. —ALG, GMA News