DOTC, MRT-3 officials face graft complaint

Metro Rail Transit Line 3 (MRT-3) General Manager Roman Buenafe, and four other officials are facing graft complaint for supposedly not paying German firm and its local partner for spare parts and maintenance services since July 2015.

In a 10-page complaint filed before the Office of the Ombudsman Friday afternoon, Schunk Bahn Und-Industrietechnik GMBH and its venture partner Comm Builders Technology Phils. Corporation (SBI-CB&T) claimed that Buenafe and the other respondents should be held liable for violating Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for deliberately withholding the payments for supply and maintenance of equipment and spare parts for the MRT-3’s rolling stock, depot and signaling system.
 
“Respondents singled out the complainant as the supplier it will withhold payment from. Such treatment was not accorded to other suppliers of the DOTC, which performed services and delivered products, the said withholding of payment is clearly a deviation from the normal procedure of the DOTC-MRT3 to make payment for services rendered and products delivered,” the complaint read.
 
Also named as respondents were Department of Transportation and Communications (DOTC) Undersecretary for Operations and head of DOTC Procuring Entity Edwin Lopez, MRT-3 Engineering Division Chief Misael Narca, MRT-3 Rolling Stock Principal Engineer Arturo Din, and MRT Signaling System Principal Engineer Daniel Barrera.

When reached for comment by GMA News' Chino Gaston, Chino Gaston, DOTC Secretary Joseph Emilio Abaya said he hasn't read a copy of the complaint yet, but assured that the department has enough funds to pay its maintenance providers.

"Hindi kami papayagan ng COA na pumasok sa kontrata na walang nakalaang budget for that. Bawal yun," he said.

Abaya said he has yet to get the full details of the issue from Buenafe, who could not be reached for comment as of this posting.

P120-M balance

Roehl Bacar, the authorized representative of SBI-CB&T, noted that the DOTC awarded the partnership a six-month maintenance contract for rolling stocks, depot equipment and signaling system on May 29, 2015. The contract implementation commenced on July 5, 2015.

The complainant said the company sent a team of experts to the MRT-3 depot for a comprehensive analysis and recommendation for an upgrade. The company also delivered all the spare parts agreed upon in the contract.
 
“Respondent Engineer Narca had actually recommended and accepted the delivered brand new spare parts, supplies and other products. Subsequently, the DOTC had actually used the said spare parts with the Rolling Stock, Depot Equipment and Signaling System of the MRT-3 and thus, DOTC and the riding public benefitted immensely from the purchase of the said brand new spare parts,” the complainant claimed.
 
“SBI-CB&T submitted its billing to the DOTC-MRT3 in accordance with the Terms of the Contract since it had already fulfilled and performed its obligations under the contract,” the complaint read.
 
“Unfortunately for SBI-CB&T, respondents deliberately withheld full payment for the brand new spare part supplies and other products delivered and used by DOTC-MRT3 as well as the expert services rendered by SBI-CB&T,” it added.
 
In a chance interview after filing the complaint, the company’s legal counsel Francis Yap said the contract price was P130 million, but the DOTC-MRT3 only paid the company around P10 million –  thus, a balance of P120 million.
 
“They deliberately refused to pay the company when the services and products had already been delivered,” Yap added. – with Jon Viktor Cabuenas/VS, GMA News