Local exec stays suspended over MRT-3 deal

MANILA, Philippines - The Third Division of the Sandiganbayan has upheld the 90-day preventive suspension of Pangasinan provincial accountant Arturo Soriano, former incorporator of PH Trams, pending the trial of his cases in connection with the alleged anomalous maintenance deal for Metro Rail Transit Line 3 (MRT-3).

In a six-page resolution dated Jan. 18, released to the media yesterday, the Third Division denied “for lack of merit” the motion for reconsideration filed by Soriano urging the court to reverse its Oct. 26, 2016 ruling ordering his suspension.

The court maintained that under Section 13 of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, the suspension is “mandatory” for any incumbent official charged under valid case information of offense involving fraud of government fund or property “to prevent the accused from using his office to intimidate witnesses or frustrate his prosecution.”

The court said since Soriano has already been arraigned, in which he entered a not guilty plea, the information of the cases against him is considered valid.

Soriano is facing two counts of violation of Section 3 (e) of RA 3019 and one count of violation of RA 9184 or the Government Procurement Reform Act.

He is among the five co-accused of former MRT-3 general manager Al Vitangcol in the alleged anomalous awarding of the multimillion-dollar deal for the MRT’s maintenance.

Based on the information of the cases filed by the ombudsman in 2015, Vitangcol “unlawfully” used his position, in recommending the awarding in 2012 of the maintenance contract to PH Trams “despite having a direct or indirect financial or pecuniary interest” in the company.

Soriano, who was then one of the incorporators of PH Trams, is the uncle of Vitangcol’s wife.

Under the contract, the MRT was set to pay PH Trams $1.15 million monthly for the maintenance of Line 3.

In its ruling, the court rejected Soriano’s argument that the dismissal of his administrative case before the ombudsman should bar his suspension.

“Finally, the dismissal of the administrative case against accused Soriano does not affect the propriety of the suspension of accused Soriano as criminal and administrative cases are distinct from each other,” court said.

The governor of Pangasinan is directed to implement Soriano’s suspension.