Al Vitangcol III, former Metro Rail Transit Authority (MRTA) General Manager, and Wilson De Vera, were found by the Office of the Ombudsman to have conspired and were ordered charged before the Sandiganbayan for two counts of violation of Section 3(b) of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), the first for attempting to extort US$30million from INEKON, a Czech company engaged in the supply of light rail vehicles (LRVs), and the second, for insisting on INEKON to enter into a joint venture with a group of persons for the maintenance of Metro Rail Transit line 3 (MRT3).
Vitangcol was also found administratively guilty of two counts each of Grave Misconduct, Serious Dishonesty and Unlawful Solicitation and was ordered dismissed from the service. Due to his separation from the service, however, the penalty of dismissal is convertible to a fine equivalent to respondent’s one year salary. Vitangcol was also ordered perpetually disqualified to hold public office, with forfeiture of retirement benefits, cancellation of eligibility and bar from taking the civil service examination.
Investigation disclosed that payment in advance by INEKON of US$30 million, later reduced to US$2.5 million, and entering into a joint venture by INEKON with a group proposed by Vitangcol were imposed as pre-conditions by Vitangcol, in conspiracy with De Vera, for INEKON to be awarded the contracts for the supply of additional LRVs and maintenance of the MRT3 line in connection with the P3.7 billion MRT3 expansion project in 2012.
After considering the evidence including the statements of Czech Ambassador Josef Rychtar and INEKON representative Joseph Husek on one hand, and Vitangcol’s and De Vera’s conflicting statements on the other hand, Ombudsman Conchita Carpio Morales found that the “totality of x x x circumstances, taken together with the affirmative declarations of complainant’s witnesses,” convinces this Office that the failed attempt to extort from INEKON as a condition for INEKON to secure the contract for the supply of LRVs was made upon the behest of Vitangcol.
As to the attempt to seek favor from INEKON representatives to sign a joint venture agreement for the award of the contract for the maintenance of the MRT3 line under a 60%-40% sharing scheme with a group of persons, one of whom turned out to be De Vera, an incorporator of PH TRAMS, the Office of the Ombudsman also found Vitangcol and De Vera to have conspired in such attempt.
Vitangcol is facing a separate trial for graft before the Sandiganbayan for the anomalous award of the multibillion peso MRT3 line maintenance contract to PH Trams-CB&T joint venture, of which Arturo Soriano, the brother of Vitangcol’s mother-in-law, is an incorporator. ###