Ina Reformina, ABS-CBN News

MANILA - Former Metro Rail Transit 3 (MRT 3) General Manager Al Vitangcol is urging the Supreme Court to halt the proceedings before the Sandiganbayan against him on charges of graft over an allegedly anomalous $12 million maintenance deal for the rail system.In a 4-page motion filed with the SC, Vitangcol also urged the high court to implead the Sandiganbayan Third Division in his pending case before the high court, and admit as part of the records of the case an affidavit that contains a &quot;full account of his knowledge and participation in all transactions concerning the [MRT 3],&quot; dated February 15, 2016.&quot;Petitioner hopes that this disclosure will help the honorable court arrive at a fair and impartial resolution of his motion for reconsideration (MR) and application for a [temporary restraining order] and injunction,&quot; Vitangcol&#x27;s motion read.Vitangcol filed a petition before the high court on September 4, 2015 that sought the junking of his graft charge. The SC dismissed his petition on October 22 of the same year, causing Vitangcol to file an MR. The MR remains pending to this date.Vitangcol asked that the Sandiganbayan be impleaded in the case because he was already arraigned before the anti-graft court last January 21, 2016 despite his refusal to be arraigned.&quot;[T]he Sandiganbayan Third Division must also be temporarily, preliminarily and, after due proceedings, be permanently restrained/enjoined from proceeding with the preliminary conference, pre-trial and/or trial in the case,&quot; the motion read.<div>&#x27;ROXAS, ABAYA, ET AL HAD FULL KNOWLEDGE, INVOLVEMENT, PARTICIPATION, INSTRUCTION IN THE DEAL&#x27;</div>In his 23-page affidavit, Vitangcol lamented how he had been &quot;singled-out by the Office of the Ombudsman in connection with the procurement of the interim maintenance services for the [MRT 3], a Project Management Office (PMO) under the Department of Transportation and Communications (DOTC).&quot;&quot;I am the only DOTC official charged by the Ombudsman despite the unmistakable knowledge, involvement, participation and instruction of my superiors in the DOTC headed by former Secretary Manuel &#x27;Mar&#x27; A. Roxas II, current Secretary Joseph Emilio &#x27;Jun&#x27; A. Abaya, Undersecretary for Legal Affairs Atty. Jose Perpetuo M. Lotilla and Undersecretary Rene K. Limcaoco, who should have been the ones brought to justice for gross and inexcusable inaction if not willful and deliberate manipulation of the events and processes related to the maintenance of MRT 3,&quot; Vitangcol&#x27;s affidavit read.Vitangcol narrated that as early as December 10, 1997, the Metro Rail Transit Corporation (MRTC) entered into a Maintenance Agreement with Sumitomo Corporation (as maintenance provider).The agreement expired on June 21, 2010.The contract was extended for four times, with the last extension expiring on October 19, 2012.Vitangcol said that before the expiration of the last extension, the MRTC issued a Board Resolution, dated November 17, 2010, to &quot;transfer to DOTC the responsibility for the procurement of technical maintenance for the MRT 3.&quot;Despite this, Vitangcol said Limcaoco, during the DOTC&#x27;s Rail Sector meeting on April 23, 2012, &quot;impressed&quot; upon the attendees that the procurement of a new maintenance provider should be undertaken by MRTC.&quot;I decided to ask then DOTC Secretary [Roxas] about this on May 17, 2012 or five months prior to the expiration of the last contract extension of Sumitomo, I wrote to Secretary Roxas asking him to issue a directive as to which party should undertake the procurement of the new Maintenance Provider...Then Secretary Roxas disregarded my letter as it was unanswered,&quot; Vitangcol said. The affidavit further stated that he presented to Roxas, in a meeting in July 2012 his &quot;unacted letter&quot; as well as Bids and Awards Committee chairman Lotilla&#x27;s memorandum, dated June 19, 2012, that &#x27;[t]here is no more time for DOTC to publicly bid out the procurement of a new Maintenance Provider and award the same by 19 October 2012&quot; and that &quot;esponsibility should be returned to MRTC (for it can procure in shorter period of time).&quot;Vitangcol alleged that &#x27;&#x27;despite this, Secretary Roxas did nothing to act on the request.&quot;Vitangcol also said Abaya, who assumed the DOTC top post from Roxas, signed and issued the Notice of Award, dated October 18, 2012, to PH Trams - CB&amp;T JV. Vitangcol said the Notice of Award did not bear his signature.The next day, the 19th, Vitangcol said the contract for the Interim Maintenance Service Provider for ESDA MRT3 between DOTC-MRT3 and PH Trams - CB&amp;T JV was signed by him, Lotilla, and approved by Abaya.&quot;The contract would not have a binding effect without the signatures of Lotilla and Abaya.&quot;Vitangcol denied having any financial interest, direct or indirect, in the over $ 23 million or P535-million interim maintenance deal.On the issue of Arturo V. Soriano, the uncle of Vitangcol&#x27;s wife and one of PH Trams&#x27; incorporators, Vitangcol said Soriano executed a Deed of Assignment on September 10, 2012 assigning and selling all of his shares to the chairman of the company. Vitangcol said because of this he believed there was no conflict of interest due to his affinity to Soriano.&quot;The Disbursement Vouchers prepared for the payment of the monthly billings of PH Trams CB&amp;T showed that I have even religiously imposed penalties on their payments... if there is anyone who should be accountable to the people and to the law, it is no other than the DOTC&#x27;s former Secretary Roxas, current Secretary Abaya, Usec. Lotilla and Usec. Limcaoco whose repeated inaction and purposeful deferment delayed the procurement for long term MRT3 maintenance agreement, which paved the way for a series of short term agreements, on a negotiated basis, and extensions thereof for personal/and or political gains,&quot; Vitangcol said.

MANILA - Former MRT General Manager Al Vitangcol is urging the Supreme Court to halt Sandiganbayan proceedings against him on charges of graft over an allegedly anomalous $12 million maintenance deal for the rail system.

Vitangcol links Roxas, Abaya, et al to MRT deal

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Vitangcol links Roxas, Abaya, et al to MRT deal

Ina Reformina,

ABS-CBN News

Published Feb 18, 2016 01:24 PM PHT

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Updated Feb 18, 2016 08:29 PM PHT

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