MANILA, Philippines – The Sandiganbayan granted yesterday the request of former Metro Rail Transit (MRT) 3 general manager Al Vitangcol III for copies of the counter-affidavits of Transportation and Communications Secretary Joseph Emilio Abaya and other accused in a graft case in connection with the MRT maintenance deal.
The anti-graft court directed ombudsman prosecutors to give Vitangcol copies of the affidavits of Abaya as well as nine other government officials and private individuals.
Earlier, magistrates of the Sandiganbayan’s Special Third Division denied Vitangcol’s motion “to allow production of material evidence” for lack of merit because he failed to show that the documents contain evidence material to his defense.
The Sandiganbayan said Vitangcol was not entitled to copies of the counter-affidavits of his fellow respondents during the preliminary investigation.
However, the anti-graft court reversed its earlier decision and granted Vitangcol’s motion since such documents can be requested during the pre-trial or trial.
The Sandiganbayan denied other motions filed by Vitangcol, including a request to subpoena documents from the MRT Corp.
Vitangcol said he asked for the documents to know why Abaya was cleared of graft charges by the ombudsman.
The former MRT chief claimed that Abaya’s counter-affidavit would help “negate the wrongful accusations of the ombudsman.”
“The ombudsman deliberately and maliciously withheld the said affidavits, all to the detriment of the herein accused,” Vitangcol’s motion read.
He said Abaya, who signed the contract, declared the MRT maintenance deal with PH Trams as aboveboard since the process of negotiated procurement was followed without causing undue injury to the government.