THE Department of Transportation (DoTr) on Monday, Oct. 23, filed graft charges against its former head during the Aquino administration, Joseph Emilio A. Abaya, and other ex-officials of the Department, in connection with the allegedly anomalous deal between the Metro Railway Transit 3 (MRT-3) and maintenance provider Busan Universal Rail, Inc. (BURI), whose executives were also charged accordingly.

In a 29-page complaint filed before the Office of the Ombudsman on Monday morning, procurement lawyer and Transportation Undersecretary Reinier Paul R. Yebra cited BURI’s implementation of a contract that was originally between the MRT-3 and Busan JV, which formed BURI.

“We want to know the truth. We find it anomalous that the project was awarded to Busan JV, but the one receiving payments and doing MRT-3 maintenance works is BURI, a totally different entity,” the complaint read in part, adding,

“It shows that the respondents conspired and confederated with one another to enter into a contract that is grossly disadvantageous to the government.”

According to the complaint, a Notice of Award was issued to Busan JV on Dec. 23, 2015. That same day, Camille Alcaraz, then assistant transportation secretary for procurement and Bids and Awards Committee (BAC) chairperson, requested the Securities and Exchange Commission (SEC) to facilitate the registration of a special purpose company consisting of members of Busan JV for the contract award of the project. BURI was thereafter incorporated on Jan. 4 the next year.

The MRT as a transportation service has become notorious for its frequent malfunctions, including a derailment in 2014 at the EDSA-Pasay Station. MRT woes affecting Metro Manila commuters became a leading public concern during the 2016 election campaign period.

On Oct. 17, DoTr served BURI a Notice to Terminate, citing, among other factors, poor performance and failure to implement a feasible procurement plan for spare parts.

The company said in response to DoTr’s complaint: “BURI has not yet received a copy of the supposed complaint to be filed at the Ombudsman. Nevertheless, BURI is confident that it will be able to answer and negate any charges against the company or its officials.”

Mr. Abaya, for his part, said in a text message when sought for comment: “We have not received a copy of the complaint and we will study the complaint but in any event, our decision has always been guided by our conscience and our compliance with procurement laws and laws with regard to the procurement of the maintenance provider.”

“We look forward to clearing our name before any appropriate body,” he added.

For her part, Senator Grace Poe in a statement also on Monday said in part: “It is high time that the ax falls where it should. The complaint filed against former secretary Abaya and other officials over the P3.81-billion MRT maintenance contract rests on solid grounds.”

“The Senate investigation alone has indubitably proved that the award to BURI was anomalous. I thus expect that the Ombudsman will find probable cause and file the appropriate charges with the Sandiganbayan against the culprits soon,” she added. — Andrea Louise E. San Juan

RELATED ARTICLESMORE FROM AUTHOR