MANILA – The Office of the Ombudsman found probable cause to indict former Department of Transportation (DOTr) secretary Joseph Emilio Abaya over alleged anomalies in a P4.2-billion Metro Rail Transit (MRT) maintenance contract.
Abaya and 16 others will be charged before the Ombudsman for violation of Section 3(e) of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, Ombudsman Conchita Carpio-Morales said in a statement.
“Occupying an executive position, Abaya is required to exercise diligence in the highest degree in the performance of his duties,” Ombudsman said. “He cannot simply evade such responsibility by invoking reliance on his subordinates.”
“By allowing the award of the contract to the Busan JV despite the attendant glaring irregularities, Abaya deliberately ignored applicable laws, rules and regulations, and standard operating procedures, falling short of or disregarding the required competence expected of him in the performance of his official functions,” she added.
Aside from Abaya, also facing charges were DOTr undersecretaries Edwin Lopez, Rene Limcaoco (head, Negotiating Team) and Catherine Jennifer Francis Gonzales (vice head, Negotiating Team); MRT 3 general manager Roman Buenafe; Camille Alcaraz (assistant secretary for procurement); Ofelia Astrera (vice chair, MRT 3 Bids and Awards Committee); Charissa Eloisa Julia Opulencia (attorney V), Oscar Bongon (chief, Engineering Division); and Jose Rodante Sabayle (engineer III).
Also named respondents were Eldonn Ferdinand Uy of Edison Development and Construction, Elizabeth Velasco of Tramat Mercantile, Inc., Belinda Tan of TMI Corp., Inc., Brian Velasco of Castan Corp., and Antonio Borromeo, Jun Ho Hwang and Elpidio Uy of Busan Universal Rail, Inc. (BURI).
A special panel of investigators found that the respondents “extended unwarranted benefits, advantage and preference” to BURI of Busan Joint Venture despite being “ineligible” and “unqualified,” said the Ombudsman.
Busan Joint Venture “was not technically, legally and financially capable to undertake the MRT 3 long-term maintenance contract,” the anti-graft body said.
“Despite its being unqualified, the contract was still awarded to it by the DOTr, in violation of Section 53 of the RIRR of RA No. 9184, which requires that in negotiated procurement, the procuring entity should negotiate with a technically, legally and financially capable supplier, contractor or consultant,” the Ombudsman said.
Bayan Muna filed the original graft complaint, which was supplemented by a plunder complaint by the DOTr of the Duterte administration, which also cancelled the Busan Joint Venture contract in October 2017.
Meanwhile the plunder charges against former Transportation secretary Manuel “Mar” Roxas II, former Budget secretary Butch Abad, former Finance secretary Cesar Purisima, former Energy secretary Jericho Petilla, former Defense secretary Voltaire Gazmin, former Public Works secretary Rogelio Singson, former Science and Technology secretary Mario Montejo, and former National Economic and Development Authority chief Arsenio Balisacan – as members of the Government Procurement Policy Board – were dismissed due to lack of probable cause./PN
