Ombudsman junks graft raps vs. Abaya, other Aquino admin execs

The Office of the Ombudsman has dismissed the graft complaints against former Transportation Secretary Joseph Emilio Abaya and his subordinates in the former Department of Transportation and Communications in connection with MRT3's P4.5-billion maintenance deal with South Korean firm Busan Universal Rail Inc. (BURI).

In a 51-page decision, the Ombudsman overturned its June 28 ruling ordering the filing of graft charges against Abaya and the others by arguing that Busan JV/BURI had already been penalized for the problems that cropped up in the implementation of the project through deductions in their payments under the contract and, subsequently, pre-termination of the contract.

“The problems hounding the MRT-3 operations appear to be in the implementation stage of the long term maintenance contract, involving issues that were not present during the screening, negotiation and bidding process thereof,” the Ombudsman said.

“Considering the scope of the allegations in the complaints focused only on respondents’ acts during the procurement process for the MRT-3 long term maintenance contract which appears to be above board, this Office has no recourse except to reconsider its finding of probable cause against said respondents and dismiss the complaints against them,” it added.

MRT3 eventually terminated its maintenance deal with BURI in November 2017.

Aside from Abaya, others who were cleared by the Ombudsman of the graft complaints were former Transportation officials including then-Undersecretaries Edwin Lopez, Rene Limcaoco, and Catherine Jennifer Gonzales; former MRT3 general manager Roman Buenafe; former Assistant Secretary Camille Alcaraz; MRT3 Bids and Awards Committee (BAC) vice chairperson Ofelia Astrera, lawyer Charissa Eloisa Opulencia, Engineering Division chief Oscar Bongon, and Engineer Jose Rodante Sabayle.

Likewise, private respondents Eldonn Ferdinand Uy of Edison Development and Construction, Elizabeth Velasco of Tramat Mercantile Incorporated, Belinda Tan of TMI Corporation Inc., Brian Velasco of Castan Corporation, and Antonio Borromeo, Jun Ho Hwang and Elpidio Uy of BURI were also cleared of graft complaints.

In the same resolution, the Ombudsman affirmed its May 2018 decision dismissing graft, plunder and violation of procurement law charges against ranking officials of the Aquino administration: Manuel “Mar” Roxas, Florencio Abad, Cesar Purisima, Jericho Petilla, Mario Montejo, Voltaire Gazmin, Rogelio Singson, Arsenio Baliscan, Maria Cecila Natividad, Chae-Gue Shum, William dela Cruz, Eugene Rapanut and Mario dela Cruz in line with the same MRT3 maintenance deal.

Bayan secretary General Renato Reyes, one of the complainants, decried the Ombudsman’s decision by describing it as a move to spare public officials of accountability.

“It means it is okay to enter into a lump sum contract of P4 billion without any bill of quantities that specifies how many parts and equipment will be purchased for the maintenance of the train for a given period,” Reyes said in a statement.

“Galing talaga ng hustisya sa atin. Ilang daang libo ang nagdusa sa palpak na serbisyo ng MRT-3 noon, pero walang ni isa ang mananagot,” he added. —KBK, GMA News