In a 12-page complaint filed before the Office of the Ombudsman on Friday, anti-corrupt groups Anti-Trapo Movement of the Philippines (ATM), Liga ng Eksplosibong Pagbabago (LEP) and United Filipino Consumers and Commuters (UFCC) said Abaya and other DOTC officials must be investigated for violations of Sections 3 (e) and (g) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
The complaint stemmed from the DOTC's awarding of contract amounting P3.769,382,400 to Dalian Locomotive and Rolling Stock Co. Ltd. in January 2014 for the supply of 48 coaches to MRT 3.
“Dalian miserably failed to deliver what were required in the Contract, thereby causing undue injury to the Filipino people and the government. The non-operational Dalian-made coaches likewise resulted in lost farebox revenues amounting to millions of pesos,” the complaint read.
The complainants said that while all the 48 coaches were already delivered early this year none of them was operational.
The complainants also said the delivered coaches were not equipped with any signaling system despite the technical specifications provision of the contract stating that all the coaches should be equipped with automatic train protection (ATP) signals.
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The group said the delivered coaches also did not undergo prior testing on their operability.
“Dalian proved itself to be not technically capable of delivering the goods it was contracted to manufacture. Respondents, for one reason or another, turned a blind eye on Dalian's technical deficiencies,” the complaint read.
Aside from Abaya, named as respondent in the complaint were former DOTC Bids and Awards Committee chairman Jose Perfecto Lotilla, former DOTC BAC members Rene Limcaoco and Julianito Bucayan Jr., former BAC Secretariat overall head Catherine Jennifer Gonzales, former head of the DOTC Project Implementation Team Roman Buenafe and MRT 3 director for operations Deo Leo Manalo.
Al Vitangcol III, who was acting as the legal counsel of the complainants, said that while the contract was awarded during his term as MRT 3 general manager it was the DOTC which solely conducted the bidding for the project.
Vitangcol is facing graft cases before the Sandiganbayan in connection with the alleged anomalous awarding of contract for the maintenance of MRT 3 and for the alleged extortion attempt on Czech company Inekon Group.