THE Independent Commission for Infrastructure (ICI) on Tuesday filed its third report with the Office of the Ombudsman, recommending the prosecution of eight engineers from the Department of Public Works and Highways (DPWH) and several private individuals who were allegedly responsible for the P72.3 million ghost flood control project in Plaridel, Bulacan.
In its 18-page report signed by the ICI chairperson, retired Supreme Court Associate Justice Andres Reyes, the commission identified the alleged culprits as DPWH engineers Henry Alcantara, Brice Ericson Hernandez, Ernesto Galang, Jaypee Mendoza, John Michael Ramos, Irene Ontingco, Joshua Roxas and Bernando Villafuerte.
The ICI also named the officers of construction firm Topnotch Catalyst Builders led by Eumir Villanueva as among those who should be held accountable for the missing flood control project.
The said individuals, according to the ICI, may be held liable for violation of the Anti-Graft and Corrupt Practices Act, Malversation and Falsification provisions of the Revised Penal Code, Government Procurement Reform Act and Presidential Decree 1759 which penalizes contractors and subcontractors who violate any provisions of contracts involving public works projects of the government, and public officials who allow such violations.
The ICI said Alcanara approved the disbursements of payments to Topnotch for a non-existent project while it was Hernandez who recommended the release of payment to the construction company.
On the other hand, Galang, Mendoza, Ramos, Ontingco and Roxas consented to the release and processing of payment to Topnotch despite the absence of any construction.
The ICI said Villanueva, together with the officers and members of Topnotch board, made it appear that the project was completed in accordance with the plans.
‘These falsification indicate that the scheme was intended to enable the release and receipt of government funds without the completion of any actual work,’ the report stated.
Aside from possible criminal charges, the ICI also recommended the filing of administrative charges for grave misconduct, gross dishonesty conduct prejudicial to the best interest of the service under Republic Act No. 6713 or Code of Conduct and Ethical Standards for public Officials and Employees against former DPWH Secretary Manuel Bonoan, former undersecretary for operations Roberto Bernardo, former undersecretary for planning and public-private partnership Maria Catalina Cabral and the eight engineers.
The ICI said Bonoan and the other respondents ‘appears to have failed to implement existing policies and duties necessary to ensure the proper implementation of the project.’
‘Their acts and omissions indicate a failure to exercise the required diligence and oversight expected of public officers entrusted with the administration of public funds, thereby resulting in evident injury to the government,’ the report stated.
‘Hence, the deliberate failure of the concerned public officials to fulfill their duties clearly warrants the filing of appropriate administrative charges,’ it added.
The subject ghost flood control project implemented by the DPWH Bulacan First District Engineering Office through Topnotch involves the construction of a river bank protection structure at Bagong Silang, Purok 4, Plaridel, Bulacan.
The ICI observed that this deviation was not supported by sufficient documentary evidence to justify or authorize such relocation.
‘The results of the COA technical inspection, together with the available records, clearly establish that the project was never constructed at the designated location in the Approved Bid Plans, thus, not implemented, despite the unwarranted release and full payment of the contract cost by the DPWH to Topnotch,’ the ICI said.
At a press briefing, Reyes said the ICI is planning to hire more lawyers and investigators that would increase its work efficiency and output.
Ombudsman Jesus Crispin Remulla said the new report would undergo fact-finding investigation prior to the conduct of a preliminary investigation.
‘The documents we have to evaluate to see if they are lacking materials so that if we do a preliminary investigation the information we pass on to the accused will be complete. It’s hard to build up a case when you are conducting an investigation,’ Remulla explained.
Remulla said the two referrals earlier submitted by the ICI to the Ombudsman are now undergoing preliminary investigation.
‘Ombudsman eyes Romualdez negligence’
FORMER Speaker Martin Romualdez may be held liable for gross inexcusable negligence for backing the appointment of resigned Party-list Rep. Elizaldy ‘Zaldy’ Co of Ako Bicol as head of the Appropriation committee which was responsible for coming out with 2025 budget which has been tagged as the ‘most-corrupt’ budget in Philippine history.
Ombudsman Jesus Crispin Remulla made the pronouncement at a press briefing on Tuesday, noting that the same administrative offense was recommended by the Independent Commission for Infrastructure (ICI) to be filed against former Public Works Secretary (DPWH) Manuel Bonoan and several other high-ranking officials for their alleged failure to exercise due diligence in ensuring the proper implementation of the agency’s projects.
Remulla explained that it was Co who worked with some senators in coming out with the final version of the budget which included insertions and diversions.
As the leader of the House, Remulla hinted that Romualdez failed to ensure that Co’s actions were aboveboard.
‘If fingers do not point to the former Speaker, as the leader of the House, he was responsible for the appointment of Zaldy Co, although Zaldy Co was elected on the floor, everybody knows that he was the Speaker’s choice, that’s why we have to hold him accountable for that,’ Remulla said.
‘It’s a novel theory. I know we are crossing the boundary of a normal legal theory, but we have to stretch it a bit because the whole government machinery and the Filipino people suffered damages due to the acts of Zaldy Co and if there is nothing criminal about it, then it’s negligence at least,’ he added.
Remulla said investigators are looking into all the testimonies given during the Senate Blue-Ribbon committee’s investigation into the flood control scandal in putting up a case for gross inexcusable negligence against Romualdez.
He added that the Ombudsman is also trying to locate former marine sergeant Orly Regala Guteza who earlier testified before the Senate that Romualdez and Co received kickbacks from flood control projects.
New task force to probe Villars
REMULLA also disclosed that a new task force will be created to look into flood control and other infrastructure projects in Bacoor, Cavite and Las Piñas that allegedly gave unwarranted benefits to the Villar family.
‘We may be putting up a new task force for the river drive and for the flood control of Las Piñas- Bacoor area because the lands that benefited from these projects are there. They are the landowners that benefitted from that. So, we have to look at that also. We will be forming a new task force for that, just for Villar itself.
Remulla was referring to the multi-billion peso 11-kilometer Zapote River Drive project and other improvements extending to boundaries of Bacoor properties.
The Ombudsman said it is known among the residents that the Villar family owns the said land.
‘You saw the river wall. You’ll ask who paid for the project, the government or them? It’s that simple. So we’ll determine that later on when we look at the project’s costing and what happened there,’ Remulla said.
‘I think it should be something that should have been done a long time ago,’ he added.
During his term as justice secretary, Remulla said the Department of Justice will be looking into the alleged ‘prohibited interest’ of the Villar family in the estimated P18.5 billion infrastructure projects in Las Piñas City.
Remulla said the investigation is necessary following a news report that a close relative owns a construction firm that undertook several infrastructure projects, including flood-control projects, in the city.