21 facing raps: Lawmakers, DPWH execs, contractors
The National Bureau of Investigation has recommended the prosecution of 21 individuals—including three senators, a congressman and several public works officials—allegedly involved in anomalous government infrastructure deals, the Department of Justice (DOJ) said in a statement on Friday.
This paves the way for the DOJ to undergo a “rigorous case buildup” under the National Prosecution Service (NPS).
The NBI recommended charges of graft, bribery and malversation of funds against, among others, Senators Francis Escudero, Joel Villanueva and Jinggoy Estrada, who earlier denied the accusations.
Also on the list were Ako Bicol Rep. Elizaldy “Zaldy” Co, former Sen. Ramon “Bong” Revilla Jr., former Caloocan Rep. Mary Mitzi “Mitch” Lim Cajayon-Uy, Carleen Villa and businessman Maynard Ngu.
Bribery, malversation
In Thursday’s Senate blue ribbon committee hearing, Villa was named as a staff member and “trusted confidante” of former Sen. Nancy Binay, while Ngu was identified as a close associate and one of Escudero’s donors in the 2022 election campaign.
DOJ spokesperson Mico Clavano said those on the list will be required to answer the following charges: violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act; and violation of Articles 211 and 217 of the Revised Penal Code pertaining to indirect bribery and malversation of public funds, respectively.
All of the offenses are bailable except for malversation of public funds involving more than P8.8 million.
The DOJ stressed that being included in the NBI’s recommendation “is not a matter of speculation or rumor,” but a result of sworn testimonies under oath.
Preliminary links
“If names have circulated outside of these affidavits, those are not recognized by the DOJ or the NBI until such time that they are sworn to under proper proceedings,” it said.
The list also included Department of Public Works and Highways (DPWH) personnel: former Undersecretary Roberto Bernardo, former assistant regional director-OIC Henry Alcantara, former district engineer-OIC Brice Ericson Hernandez, former assistant district engineer Jaypee Mendoza, project engineer John Carlo Rivera, project engineer Arjay Domasig, finance section accountant Juanito Mendoza and driver Andrei Balatbat.
Except for Bernardo, all the others worked for the DPWH Bulacan first District Engineering Office (DEO-1), which has been in hot water for its “substandard” and “ghost projects” worth billions of pesos.
The NBI also included public works contractors Linda “Victoria” Macanas, Sally Nicolas Santos of SYMS Construction, and Jesse Mahusay of Jelsie Construction and Supply Inc.
Also on the list were Beng Ramos, identified in testimonies as Estrada’s staff member and contact for delivered kickbacks; and a certain Mina.
Not on list
The DOJ said the NBI recommendations were based on the sworn testimonies of Alcantara, Hernandez, Mendoza, and Bernardo in congressional hearings.
“Their statements provided the basis for identifying these individuals as having sufficient preliminary links to the acts under investigation,” it said.
Not on the NBI list released on Friday are couple Pacifico “Curlee” and Cezarah “Sarah” Discaya, so far the most publicly vilified among the contractors under scrutiny.
In an earlier Senate hearing, the Discayas named several lawmakers who allegedly demanded commissions from the government projects. The DOJ admitted them to the witness protection program earlier this week, with Justice Secretary Jesus Crispin Remulla saying their request for security was granted since their cooperation was needed to gather more evidence of irregularities.
Long process
Asked why other notable personalities named in the testimonies made before the Senate were not included, like former Speaker Martin Romualdez, Clavano said Orly Regala Guteza, the witness who on Thursday implicated the former House leader, has yet to meet with the DOJ.
Clavano said Guteza was supposed to meet with Remulla on Friday morning but did not show up.
In an interview on Thursday at the Senate, however, Remulla answered in the affirmative when asked the same question.
“Yes, the Speaker is included,” he said, although he emphasized at the time that it was still a recommendation.
In Binay’s case, the DOJ said the NBI’s evaluation was still in the process of building a “direct line” linking the former senator to public works anomalies.
“[The] NBI is strengthening the links so it is ripe for recommendation to the NPS,” Clavano said.
Remulla said the case buildup still has a long way to go.
“This will take time and still undergo a preliminary investigation. [We are still on] the case buildup. That’s different from the preliminary investigation and determination of the resolution … that’s the only time we can file charges in court. We are not in the courts yet,” the DOJ chief explained.
He added that a warrant of arrest can only be issued once the case has reached the court.
“We will have to protect the interests of the state. Nobody is above the law. If it’s necessary to file a [lookout bulletin order], a freeze order, charges, we will do so,” Remulla said.
Dismissed
Six of the 21 persons on the NBI list are already facing charges earlier filed at the Office of the Ombudsman.
On Sept. 11, Public Works Secretary Vince Dizon has filed graft complaints against Alcantara, Hernandez, Rivera, Domasig and the two Mendozas: Jaypee (a former assistant district engineer) and Juanito (an accountant).
Dizon sued 14 other personnel from the Bulacan DEO-1, as well as four private contractors.
Two other agencies—the Department of Transportation and Land Transportation Office—filed charges against Alcantara and Hernandez for using fake drivers’ licenses to enter a hotel casino.
Reports said that Alcantara and Hernandez, together with Jaypee and Domasig, allegedly laundered billions of pesos through the casinos. Alcantara, Hernandez, and Jaypee and Juanito have been dismissed from service.
On Sept. 18, the Ombudsman ordered the preventive suspension of Domasig, together with other project engineers Paul Jayson Duya, Merg Jaron Laus, Lemuel Ephraim Roque, John Carlo Rivera, John Benex Francisco, and Engineer II Jolo Mari Tayao.
Other Bulacan DEO-1 officials who were suspended were construction section chief John Michael Ramos, planning and design section chief Ernesto Galang, maintenance section OIC-chiefs Lorenzo Pagtalunan and Jaime Hernandez, quality section chief Norberto Santos, administrative section chief Floralyn Simbulan, budget unit head Roberto Roque, procurement unit head Benedict Matawaran, and cashier II Christina Mae Pineda.
The four contractors sued by the DPWH were Santos of SYMS, Mark Allan Arevalo of Wawao Builders, Ma. Roma Angeline Rimando with beneficial owner Sara Discaya of St. Timothy Construction Corp., and Robert Imperio of IM Construction Corp. —WITH REPORTS FROM INQUIRER RESEARCH AND PNA
Source: Inquirer Archives
