A joint venture firm on Friday filed a graft complaint against Metro Rail Transit (MRT-3) General Manager Roman Buenafe and four others for alleged nonpayment of spare parts installed in the railway system.
Joint venture Schunk Bahn Und-Industrietechnik GMBH-Comm Builders and Technology Philippines filed the graft complaint before the Office of the Ombudsman against Buenafe, Transportation Undersecretary for Operations Edwin Lopez, and engineers Misael Narca, Arturo Din and Daniel Barrera.
In an interview, complainant’s counsel Francis Yap said MRT failed to pay at least P120 million of the six-year contract for services worth P130 million.
“Parang ganito: Nagpadeliver ka ng pagkain, kinain mo na, tapos sasabihn sayong hindi naman ito ung pagkain na inorder ko eh. Malinaw na panlilinlang lang,” Yap said.
(It’s like this: You ordered food, ate it, then say afterwards that it was not what you ordered. This is a clear case of deception.)
According to the complaint, the joint venture in May 2015 won the contract in a negotiated procurement for the delivery and maintenance of the spare parts for the rolling stocks, depot equipment, and signaling.
Yap said the spare parts had already been installed in the MRT but the administration has yet to pay for the delivery of services.
He said the company had already incurred losses due to the nonpayment of services.
According to the complaint, Buenafe and the others were sued for graft for manifest partiality, evident bad faith and negligence for failing to pay the delivered services of the joint venture.
The complaint said the respondents caused undue injury to the joint venture, in violation of the Anti-Graft and Corrupt Practices Act.
The complaint said the respondents showed partiality by singling out the joint venture in the nonpayment while it has paid for the services of the other service contractors.
The complainants said the riding public would be imperiled if the suppliers stop delivering the spare parts because of the alleged nonpayment.
The MRT is beset with breakdown woes due to outdated spare parts and the large volume of commuters daily. In August 2014, the MRT figured in an accident when it skidded off the railway in Pasay City. At least 38 passengers were hurt.
READ: MRT train skids, rams Taft station; 38 injured
“With full knowledge of these risks, respondents deliberately and maliciously withheld and continue to withhold payment from the complainant which has depleted the latter’s revolving fund and testing the patience of foreign suppliers in their willingness to continue providing the necessary brand new spare parts…” the complaint said.
“(These) products are vital to the smooth and efficient operation of the MRT-3 and the safety and convenience of the commuting public,” it added.
The complainant is Roehl Bacar, authorized representative of the joint venture.
Former MRT General Manager Al Vitangcol faces graft trial in the Sandiganbayan for a maintenance contract mess.
He was charged of graft for awarding without public bidding the maintenance contract for MRT-3 to Philippine Trans Rail Management and Services Corp. (PH Trams), as well as for deliberately failing to disclose that one of the incorporators is his wife’s uncle. -Marc Jayson Cayabyab
READ: Ex-MRT chief, 5 others indicted for graft
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