Ombudsman orders probe vs Abaya, Vitangcol for MRT-3 deal

MANILA, Philippines — The Office of the Ombudsman ordered a preliminary investigation on top officials of the Department of Transportation and Communications (DOTC) including Secretary Joseph Emilio "Jun" Abaya for an allegedly anomalous MRT-3 contract.

In a statement Thursday, Ombudsman Conchita Carpio Morales said that Abaya, former Metro Rail Transit General Manager Al Vitangcol III, members of the DOTC Bids and Awards Committee and the Negotiating Team as well as several from the private sector may soon face criminal charges "for entering into an anomalous maintenance contract" for MRT-3.

Documents gathered by Ombudsman investigators indicate that a nine-month maintenance contract amounting to $1.15 million monthly was awarded by named parties to Philippine Trans Rail Management and Services Corporation-Comm Builders and Technology Philippines Corporation (PH Trams) "without public bidding" in 2012.

"The field investigators found no emergency situation that would justify the negotiated procurement, given that as early as 2010 the MRTC transferred the responsibility for the procurement of the technical maintenance to the DOTC," the Ombudsman added.

PH Trams, was also barely two months old when the project was awarded, according to records from the Securities and Exchange Commission.

Vitangcol was also confirmed to be related by affinity to PH Trams Incorporator Arturo Soriano, his uncle-in-law, the Ombudsman said, citing records from the National Statistics Office.

Besides Abaya and Vitangcol, to be investigated are Undersecretary Jose Perpetuo Lotilla, Undersecretary Rene Limcaoco, Undersecretary Rafael Antonio Santos, Assistant Secretary Ildefonso Patdu,  Assistant Secretary Dante Lantin and LRTA Administrator Honorito Chaneco who are members of the bidding committee.

Also included are Misael Narca, Natividad Sansolis, Arnel Manresa, Gina Rodriguez, Eugene Cecilio, engineers Joel Magbanua, Raphael Lavides and lawyer Geronimo Quintos from the negotiating team.

PH Trams employees Wilson De Vera, Arturo Soriano, Marlo Dela Cruz, Manolo Maralit and Federico Remo may also face charges.

Vitangcol, De Vera, Soriano and Remo, meanwhile, face a separate set of charges in violation of Republic Act 9184 or the Government Procurement Reform Act.

Administrative complaints for grave misconduct and conduct prejudicial to the best interest of service were filed against Abaya, Lotilla, Limcaoco, Santos, Patdu, Lantin, Chaneco, Narca, Magbanua, Manresa, Sansolis, Rodriguez, Cecilio, Lavides, Quintos including Arturo Soriano who is now Provincial Accountant of the province of Pangasinan. 

Vitangcol, who was relieved from his MRT post in May, and De Vera were previously accused by Inekon Group CEO and Chairman Josef Husek and Czech Ambassador Joseph Rychtar of attempting to extort money in exchange for the service and maintenance contract.