ICI wants plunder raps vs Jinggoy, Joel, Zaldy, et al
It’s as though the pork barrel never went away: The scheme to pocket billions in public funds intended for flood control projects starts and ends with the proponent—the lawmaker.
Independent Commission for Infrastructure (ICI) Chair Andres Reyes Jr. on Wednesday narrated how past and present members of Congress, government agency officials, district engineers and private contractors allegedly colluded to get kickbacks ranging from 25 to 30 percent of the budget that should have been allotted for adequate and functional public infrastructure.
The fact-finding body, in its second interim report and recommendation, asked the Office of the Ombudsman to consider suing Senators Joel Villanueva and Jinggoy Estrada; former Ako Bicol Rep. Elizaldy “Zaldy” Co, former Caloocan Rep. Mary Mitzi Cajayon-Uy; former Department of Public Works and Highways (DPWH) Undersecretary Roberto Bernardo and Commission on Audit (COA) Commissioner Mario Lipana.
The ICI said it wants the Ombudsman to file the nonbailable charge of plunder against the five individuals, with the exception of Bernardo, for their alleged “participat[ion] in a scheme which they took profit of in the massively large amounts of the people’s money.”
The panel also recommended the filing of other criminal charges of direct or indirect bribery and corruption of public officials against all six past and present public officials.
Systematic scheme
The ICI cited three laws that they violated: Articles 210-212 on bribery and corruption of public officers of the Revised Penal Code, Sections 3(b) and 3(c) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), and Section 2 of Republic Act No. 7080 (plunder law).
“The Commission uncovered an alleged systematic ‘kickback scheme’ in which legislators acting as project proponents inserted flood-control projects into the National Expenditure Program (NEP), House General Appropriations Bill (GAB), and General Appropriations Act (GAA) in exchange for commissions ranging from 20 percent to 30 percent of project costs,” Reyes said in a press conference.
“Payments were reportedly coursed through DPWH engineers and cooperating contractors to secure project awards and facilitate releases,” he added.
After reading his statement at the ICI, Reyes went to the Office of the Ombudsman to file the commission’s referral at 1 p.m.
He noted that those involved in the scheme chose flood mitigation projects because the kickback was “higher” compared to only 10 percent for other projects.
The findings, according to Reyes, were based on the testimonies of witnesses the three-man panel gathered since it opened investigation into the anomalous public work projects on Sept. 23.
The sworn affidavits and pieces of evidence cited include those from former DPWH engineers Henry Alcantara, Brice Hernandez and Jaypee Mendoza, who were all assigned to the first district of Bulacan province.
“This scheme starts from the proponent, who is either a member of the Senate or of the House of Representatives, and will inform Engineer Alcantara that he or she has a budget allocated for infrastructure projects,” Reyes said.
Engineers’ role
Reyes said it was Alcantara, the district engineer, who will order Hernandez, the assistant district engineer, to come up with a list of projects “based on the budget the proponent has.” The vetted list will then be passed on to John Carlo Rivera, another former DPWH project engineer, so he can transmit it either to the regional office in Bulacan or the lawmaker who proposed the scheme.
“If the list was provided to the DPWH regional director, it will be included in the NEP,” noted Reyes. “If the list [was] given to the proponent itself, he or she would insert the projects in the GAB (of the House), or bicameral insertions, wherein it would be reflected in the GAA.”
The NEP is the proposed national budget submitted by the Office of the President to the Senate and the House of Representatives. The GAB originates from the House before it is transmitted to the Senate. The two chambers, after debating on the GAB separately, will then reconcile the two versions at the bicameral level and ratify the budget report before the President signs it into law as the GAA.
“Once the projects were reflected in the NEP or GAA, Rivera would make a summary of the projects, while Alcantara would then choose the contractors who would then implement the project,” the ICI head continued.
This would set off the payments of “obligations” to the lawmaker: “An advance payment” equivalent to 25 percent of the project’s budget broken down as 10 percent given when the project is in the approved NEP and the remaining 15 percent released once the GAA with the “insertions” is passed.
“This 25-percent payoff is advanced by the contractors to ensure that the project will be awarded to them,” Reyes said.
Plan to amend
Asked why the three DPWH engineers—Alcantara, Hernandez and Mendoza—were excluded from the recommendation, ICI executive director Brian Hosaka told reporters that the panel plans to amend the report to include charges against them.
The ICI gave weight to the three engineers’ sworn statements and transcripts of their appearance before the Senate blue ribbon hearings, noting that “the crux [of their] testimonies are that they personally immersed themselves in the practice of giving kickbacks and advances to legislators from their own pockets, in consideration of favorable promises, to the detriment of public work projects within his jurisdiction, which caused loss of lives and properties, multi-billion peso public funds squandered.”
‘Admissions’
It also took note of the “admissions” made by Hernandez and Mendoza on their participation in the scheme, including the preparation of kickbacks to be sent to the homes or hotels of lawmakers. It, however, said that these were “subject to further testimonial and documentary evidence.”
The latest round of recommendations from ICI followed the first set of charges it gave to the Office of the Ombudsman on Sept. 29 where it also asked that a total of 18 individuals, including Co, be sued for graft and malversation of public funds, as well as administrative charges in connection with the P289.5-million flood control project in Barangay Tagumpay in Naujan, Oriental Mindoro province.
Separate NBI action
The National Bureau of Investigation also made a separate recommendation last month to prosecute 21 individuals involved in the flood control projects.
Reyes, who declined to answer questions from the media about the second ICI report, vowed to continue the investigation into the massive corruption in public infrastructure and to spare “no one.”
“Politicians and government officials will be investigated and charged by credible evidence. Those found responsible will face the consequences and be held accountable under the rule of law,” he said.
He also warned “aspiring” criminals: “Crime will not and does not pay. We will continue to investigate, follow the evidence, pursue charges to the very last man involved. Justice will not be delayed this time, this is our promise to our countrymen.” —WITH A REPORT FROM MARY JOY SALCEDO
