This week opened with the news that Ombudsman Conchita Carpio-Morales had indicted former Transportation Secretary Joseph Emilio “Jun” Abaya and 16 others over the P4.2-billion MRT mess.
Former Secretary Abaya, transport officials, and private officials involved in the Busan Joint Venture were charged for violating Section 3 (e) of the Anti-Graft and Corrupt Practices Act for extending unwarranted benefits, advantage, and preference to Busan JV over the MRT3 3-year maintenance contract, which took effect in January 2016.
The Ombudsman’s Special Panel of Investigators discovered that the two biddings conducted by the Department of Transportation in 2014 and 2015 for the three-year MRT maintenance service contract were a failure because of the non-submission of the bids. Secretary Abaya then issued a Special Order to establish an MRT 3 Bids and Awards Committee for the procurement of goods and services. In 2015, per Section 53.2 of the Revised Implementing Rules and Regulations of the Government Procurement Reform Act, the BAC recommended a “Negotiated Procurement through Emergency Cases.” This decision aimed to provide a Single Point Responsibility for the general overhauling of 43 units of light rail vehicles, total replacement of signaling system, and other maintenance works. Several joint ventures submitted their proposals, however, they all failed in the evaluation process as they lacked eligibility and technical requirements. The BAC declared Busan JV as the sole entity that passed evaluation, and eventually awarded them the contract.
According to the 2016 Consolidated Annual Audit Report of the Commission on Audit, “DOTr still failed to provide the riding public with a safe and comfortable transport system even with the procurement and delivery from August 2015 to January 2017 of 48 new LRVs with a total cost of Php 3,759,382,400.00”. The same CoA report also specified that, “Despite four years in the procurement process and total payments of P527,761,083 to Dalian, the LRVs remain inoperational and unaccepted by the DOTr as of reporting date, due to glitches in the power supply and signaling system. These resulted from the DOTr’s poor planning and other major procurement lapses.” The acquisition of 48 coaches from Dalian, China was jumpstarted by the previous administration but got delayed due to several issues. It was only in April of this year when the testing of these coaches has been completed.
The Ombudsman’s decision to file graft charges against them is the first step towards the right direction. These irregularities happened during the administration of former President Benigno Aquino III, who was not included in the indictment. I am optimistic that fair and impartial proceedings will be conducted.
The commuting public has long suffered from the incompetent management of the MRT. The previous administration should take full responsibility should the findings of the Ombudsman be upheld. I also hope the current administration will learn from their predecessor to avoid committing the same mistake.
