Dismissed Metro Rail Transit (MRT-3) general manager Al Vitangcol III.
INQUIRER FILE PHOTO / RICHARD A. REYES
The Sandiganbayan has given the green light to put on trial dismissed Metro Rail Transit (MRT-3) general manager Al Vitangcol III for graft over an alleged extortion try on Czech firm Inekon in exchange for contracts with the railway system.
This as the anti-graft court Sixth Division in a resolution denied Vitangcol鈥檚 motion to quash his graft charges.
The court set Vitangcol鈥檚 arraignment on听March 16.
In its resolution promulgated Feb. 9, the court said it won鈥檛 sustain Vitangcol鈥檚 claim that he could not be charged with attempted extortion under the information filed against him because there is no such offense as frustrated or attempted extortion.
The court said what Vitangcol was charged for was actually violations of Section 3(b) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act for 鈥渄emanding or requesting or attempting to extort money.鈥�
鈥淚t is not for 鈥榓ttempted extortion鈥� as indeed there may be no such defined and/or distinct offense or crime,鈥� the court said.
The court said the mere act of a public officer conspiring with another to demand or request money is violative of Section 3(b) of the anti-graft law.
鈥�(T)he prosecution needs only to prove such request or demand to sustain the corresponding conviction,鈥� the court said.
鈥淭hus, if proven, such mere demand, request or attempt to extort is or shall already be a consummated offense under Section 3(b) of the Republic Act 3019. Of course, the guilt or innocence of the accused is subject to the evidence to be adduced during the trial of these cases,鈥� the court added.
The resolution was penned by chairperson Associate Justice Rodolfo Ponferrada and concurred by Associate Justices Oscar Herrera Jr. and Karl Miranda.
The court earlier ordered听Vitangcol鈥檚 arrest after it found probable cause to try him for graft.听Vitangcol听has posted bail.
READ:听Arrest warrant out vs听Vitangcol听over $30M extort try
The court on听Nov. 29听served the arrest warrant against听Vitangcol听and his alleged envoy Wilson De Vera.
Both were formally charged with two counts of graft or violations of Section 3(b) of the Anti-Graft and Corrupt Practices Act.
READ:听Ex-MRT general manager听Vitangcol听faces trial for $30-M extort try
Vitangcol听now represents听an听anti-corruption group Citizens鈥� Crime Watch.
During the 2013 midterm elections, De Vera was a mayoral candidate in Pangasinan under the Liberal Party but he lost.
In indicting听Vitangcol, the Ombudsman said听Vitangcol鈥檚 first graft charge stemmed听from allegations that he听attempted听to extort $30 million from Inekon in exchange for contracts for the听supply听for additional light rail vehicles and听maintenance听of the MRT-3 in connection with the P3.7-billion听MRT-3 expansion project in 2012.
READ:听Ex-MRT chief听Vitangcol听indicted for $30M extort try
Ombudsman investigation showed that听Vitangcol听sent his envoy De Vera to demand the payment of $30 million, later reduced to $2.5 million, for Inekon to be awarded the contract.
Vitangcol听and De Vera were accused of extorting $30 million from Inekon听Group CEO and chair Josef Husek in the residence of then Czech Ambassador to the Philippines Josef Rychtar in听exchange for granting Inekon the P3.7-billion contract to supply 48 coaches for the MRT 3 expansion. Inekon turned down the extort try.
Vitangcol听and De Vera鈥檚 second graft charge stemmed from an allegation that they conspired and insisted for Inekon to sign a joint venture agreement for the maintenance contract under a 60-40 percent sharing scheme with a group of persons who included De Vera, an incorporator of the firm Philippine Trans Rail Management and Services Corp. (PH-Trams).
After weighing in on the testimonies by Rychtar and Husek, as well as the conflicting statements by听Vitangcol听and De Vera, Ombudsman Conchita Carpio-Morales said the 鈥渢otality of circumstances, taken together with the affirmative declarations of complainant鈥檚 witnesses鈥� would show that听Vitangcol听attempted to extort Inekon in exchange for the contract.
READ:听Vitangcol: I鈥檓 just a fall guy
The Ombudsman also found听Vitangcol听guilty of the administrative offenses of grave misconduct, serious dishonesty and unlawful solicitation, and was ordered dismissed from service and perpetually barred from government with his retirement benefits forfeited.
Due to听Vitangcol鈥檚 separation from the service, the penalty of dismissal is convertible into a fine equivalent to respondent鈥檚 one year salary.
In his affidavit submitted to the House of Representatives which investigated the alleged extort try, Husek said he and Rychtar met De Vera in July 2012 when De Vera proposed that Inekon pay $30 million for the company to be selected as the supplier of MRT coaches.
When Inekon turned down the offer, De Vera returned and proposed instead a 60-40 joint venture between Inekon and a group of incorporators selected by听Vitangcol听for the maintenance contract of the MRT.
The MRT maintenance contract with Sumitomo was then set to expire in Oct. 2012.
The maintenance contract was later awarded without public bidding to PH Trams-CB&T, a graft-ridden contract which earned听Vitangcol his first graft case.
READ:听Amid graft raps,听Vitangcol听says MRT under new management worse
Vitangcol鈥檚 first graft case before the Sandiganbayan was for allegedly irregularly awarding without public bidding the MRT-3 maintenance contract to PH Trams-CB&T joint venture where his uncle-in-law Arturo Soriano is an incorporator.
Vitangcol听had decried selective justice, adding that the Ombudsman cleared former transportation secretary Jun Abaya even though it was him听who approved the anomalous contract with PH Trams.
READ:MRT fiasco:听Vitangcol听indicted for graft, Abaya spared
Vitangcol听was sacked by the Department of Transportation and Communications in Aug. 2014 after he was accused of conflict of interest when he awarded a contract to the firm of his wife鈥檚 uncle.听RAM