The first batch of criminal and administrative charges was finally filed against resigned Ako Bicol party-list Rep. Zaldy Co and 17 others over a reported anomalous flood control project found in Oriental Mindoro. Less than three weeks after it was organized, the Independent Commission for Infrastructure (ICI) initiated the filing of these cases before the Office of the Ombudsman last Monday.
The three-man ICI headed by retired Supreme Court (SC) associate justice Andres Reyes Jr. acted on the findings of the team led by Department of Public Works and Highways acting Secretary Vivencio ‘Vince’ Dizon, accompanied by Baguio City Mayor Benjamin Magalong, who was then the ‘special adviser’ to the ICI, that conducted the ocular inspection of the project site pointed out to them by Oriental Mindoro Governor Humerlito Dolor.
After Malacañang spokesperson Claire Castro seemingly cast doubt on his impartiality, Magalong resigned. He was replaced by retired police chief Rodolfo Azurin as ICI investigator and ‘special adviser.’
The ICI’s first ever interim report was personally delivered by Reyes to the Office of the Ombudsman. The criminal charges included violations of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019), malversation of public funds through falsification of public documents by a public officer (Article 217 in relation to Article 171 of the Revised Penal Code) and violations of the Government Procurement Reform Act (RA 9184). Co’s co-accused included DPWH district engineers and the private contractor of the project.
According to the ICI report, Co has been recommended to be charged for receiving ‘unwarranted benefits’ in relation to the construction projects of Sunwest Inc., one of the 15 contractors that have cornered P545 billion worth of flood control projects of the DPWH budget for the past three years.
‘While Cong. Co claims to have divested his interests, reports suggest he may potentially retain beneficial ownership. The Commission underscores that additional evidence is needed to establish any definitive connection,’ the ICI noted.
After submission of the ICI interim report, Reyes immediately left the Office of the Ombudsman and declined media interviews. But speaking for the ICI, its executive director Brian Keith Hosaka told reporters the ICI chairman is merely trying to ‘prudently’ and ‘carefully’ work quietly to ferret out the truth on the multibillion-peso flood control scandal. Hosaka further sought to assuage public concern over the ICI proceedings being conducted behind closed doors. He stressed the Commission is striving to shield itself from political interference, saying: ‘We cannot allow the ICI to be used by any political agenda or leverage.’
In Executive Order (EO) No. 94 signed on Sept.11, President Ferdinand ‘Bongbong’ Marcos Jr. (PBBM) created the ICI as a fact-finding body. Among other things, PBBM empowered the ICI to investigate the alleged ‘ghost’ flood control and other infra projects for the past 10 years. The President subsequently named Reyes to chair the ICI after he earlier appointed former DPWH secretary Rogelio ‘Babes’ Singson and SGV and Co. country managing partner Rossana A. Fajardo as Commission members.
Yesterday, Reyes signed in behalf of the ICI a memorandum of agreement with the Anti-Money Laundering Council (AMLC) in its effort to facilitate freezing of bank deposits and other assets of Co and other individuals implicated in various alleged ‘ghost’ flood control and substandard infra projects.
The current ICI is well-intentioned but is not good enough. It lacks subpoena and prosecutorial powers. As stated in EO 94, the ICI can be assisted by the ombudsman, Department of Justice (DOJ) and its attached agencies such as the National Bureau of Investigation (NBI) and some other government agencies that it may call upon for assistance.
While the ICI doing its own work, the Senate decided to continue with its on-going ‘inquiry in aid of legislation’ into the alleged ‘ghost’ flood control projects of the DPWH. However, its parallel congressional investigation being done by the House infra committee headed by Bicol Saro party-list Rep.Terry Ridon has been called off upon the imprimatur of newly installed Speaker, Isabela Rep. Faustino ‘Bojie’ Dy III.
Before it closed down its public hearings, dismissed DPWH district engineers of Bulacan Brice Hernandez tagged former Senate Senate pro tempore Jinggoy Estrada and majority leader Joel Villanueva. At the last House hearing, Hernandez pointed to Estrada and Villanueva as ‘proponents’ who downloaded their flood control projects in the province in the 2025 budget. On the other hand, one of the 15 DPWH contractors admitted he was an election campaign donor of ex-Senate president Francis ‘Chiz’ Escudero.
Conducting its own motu proprio investigation, the Senate Blue Ribbon committee, currently headed by Senate President Pro Tempore Panfilo ‘Ping’ Lacson, has conducted six public hearings so far as of last Monday. On that day, a ‘surprise witness,’ retired Marine Sgt. Orly Guteza, testified under oath that the alleged kickbacks from these DPWH projects were delivered to the Valle Verde residence of Co and that of former speaker Martin Romualdez. Earlier that day, retired DPWH undersecretary Roberto Bernardo testified that a businessman-friend of Escudero acted as the alleged go-between of the ex-Senate chief in securing funds for projects in the DPWH budget.
With these very serious accusations, how can we expect an impartial conduct of congressional investigations when ‘almost all senators’ – as Lacson admitted – are involved in the budget mess? In the same way, as Lacson cited, there were many House members who got the bulk of budget ‘insertions.’ So how can the House investigate itself when many of their 316 or so colleagues in the present 20th Congress were re-elected from the 19th Congress that was behind the mangled 2025 budget?
Summing up, the first-best solution is to have a strong, unbiased, fearless ombudsman in the mold of the late senator Miriam Defensor-Santiago, whose ninth death anniversary was observed last Monday. There are 17 candidates being vetted by the Judicial and Bar Council in the search for the new ombudsman.
The solution is to prosecute corrupt politicians, government executives and corrupt contractors; jail them – and make them pay.