The Independent Commission for Infrastructure has recommended the filing of criminal and administrative charges against several former and incumbent government officials – including Sens. Joel Villanueva and Jinggoy Estrada – over alleged anomalies in flood control projects.
ICI Chairperson Andres Reyes announced the commission’s new set of recommended charges at a press conference on Wednesday, October 29. This is the ICI’s second recommendation to the Office of the Ombudsman since it began its investigation into the flood control scandal on September 19.
The ICI will be submitting today its “interim report and recommendation… on the alleged involvement of several incumbent and former members of the House of Representatives and the Senate in obtaining bribes or unwarranted monetary benefits from flood control project contractors,” Reyes said.
Also named in the recommended charges are former Department of Public Works and Highways Undersecretary Roberto Bernardo, Commission on Audit Commissioner Mario Lipana, former Ako Bicol Representative Zaldy Co, and former Caloocan Representative Mitch Cajayon-Uy.
The ICI chairperson said the officials involved may be “possibly” held liable for direct or indirect bribery, corruption of public officials, and plunder under existing anti-graft laws.
Bribery scheme. During the press conference, the ICI chairperson outlined what witnesses described as a kickback chain linking lawmakers to DPWH engineers who managed flood control projects.
Reyes said the scheme typically begins when a senator or House member would approach then-DPWH engineer Henry Alcantara to inform him that a budget allocation was available for an infrastructure project. This, Reyes said, would set the corruption in motion.
‘Additionally, the scheme shall always involve flood control projects because kickbacks are from 25% to 30%, higher than in other projects, which is only at 10%,’ Reyes said.
He said Alcantara would then instruct fellow DPWH engineer Brice Hernandez to draw up a list of projects based on the lawmaker’s allotted budget. The list, Reyes added, was passed to an intermediary named Carlo Rivera, who would send it either to the DPWH regional office in Bulacan or directly to the legislator.
‘If the list was provided to the DPWH regional director, it will be included in the National Expenditure Program,’ Reyes said. ‘On the other hand, if the list is given to the proponent itself, he or she will insert the budget in the House General Appropriations Bill or bicameral insertions wherein it would be reflected in the General Appropriations Act.’
Once the projects were listed in the NEP or GAA, Rivera would prepare a summary while Alcantara selected the contractors who would carry out the work, Reyes said. ‘This would trigger the payment for obligations or SOP to the proponent. An advance payment of 10% of the budget allocation [is made] when the NEP is released, while the remaining 15% will be paid off to the proponent when the GAA is passed.’
He added that if the insertions were included in the final budget law, ‘the whole 25% SOP is given to the proponent. This 25% payoff is advanced by the contractors to ensure that the budget will be awarded to them.’
“Their testimonies and affidavits named the abovementioned former and current government officials as primarily involved in these violations,” Reyes said.
With its second set of recommended charges, the ICI said it was remaining true to its commitment that “no one will be spared in this fight against corruption.”
“Politicians and government officials will be investigated and charged with credible evidence. Those found responsible will face consequences and be held accountable under the rule of law. To aspiring criminals, crime will not and does not pay,” Reyes said.
“We will continue to investigate, follow the evidence, pursue charges to the very last man involved,” the ICI chairperson added.
ICI Executive Director Brian Keith Hosaka said in an update Wednesday afternoon that the report will be amended to include DPWH engineers Alcantara, Hernandez and Jaypee Mendoza in the list of people that charges are recommended against.
ICI’s first recommendation, submitted on September 29, asked the Office of the Ombudsman to pursue charges against Co and 13 DPWH officials over a P289.5-million ghost project in Oriental Mindoro.