State witness Alcantara tied to more ‘ghost’ projects in new COA reports
The Commission on Audit (COA) recommended the filing of criminal cases against former Department of Public Works and Highways (DPWH) engineers and contractors, including state witness Henry Alcantara, over another set of “ghost” flood control projects that got a total funding of P325 million, again in Bulacan province.
The COA sent four more fraud audit reports to the Independent Commission for Infrastructure (ICI) last week, which were made public only on Tuesday.
State auditors said their examination of the projects, all of them implemented by the DPWH Bulacan’s First District Engineering Office, revealed “recurring indicators of systemic misuse of public fund” and “rampant irregularities.”
It noted that the “ghost” projects were relocated to unapproved locations in violation of procurement and contract rules. Among the documents missing were built plans, detailed cost breakdowns, geotechnical investigation reports, complete statements of work accomplished, and approved master plans.
Such lack of required papers was “seriously undermining the credibility of reported accomplishments and payments made,” the COA said.
The fraud audit reports covered the following projects:
• Construction of riverbank protection structure at Barangay Santa Cruz, Guiguinto town, for P96.49 million, awarded to Wawao Builders. The COA found that the structure was not built at the approved site and apparently relocated without authorization.
• Construction of riverbank protection structure at Barangay Iba-Ibayo, Hagonoy, for P77.19 million, also by Wawao Builders. No structure was found at the designated site despite the project being declared 100-percent complete. The structure identified by DPWH officials was located 694 meters from the approved site.
• Construction of riverbank protection structure at Barangay San Jose, Calumpit, for P77.19 million, again by Wawao Builders, which showed inconsistencies in project location and measurements, including markings linked to a different contract.
• Construction of riverbank protection structure at Barangay Babatnin in Malolos City for P74.12 million, awarded to Darcy and Anna Builders & Trading. Again there was no structure found at the approved site and the structure identified by the DPWH was already in existence for nearly a year before the contract took effect.
Liable individuals
The COA held different individuals liable for each projects, but all of them had three names in common: Alcantara, who was dismissed as the first district engineer of the DPWH in Bulacan; Brice Hernandez, also dismissed as assistant district engineer, and DPWH planning and design section chief Ernesto Galang.
Aside from the three, others linked to the anomalies are Jaypee Mendoza, construction section chief; Lorenzo Pagtalunan, maintenance section chief; Jaime Hernandez, maintenance section officer in charge; and engineers Merg Jaron Laus, John Michael Ramos, Ericka Justine Chico, Isiah Galang, Lemuel Roque, Sheena Morales, Jolo Tayao, Paul Duya and Raymond Ramos.
The contractors recommended for criminal prosecution are Mark Allan Arevalo of Wawao Builders and Darcy Kimel Respecio of Darcy and Anna Builders.
Aside from graft, malversation of public funds and falsification of documents, the COA said they also be charged with violation of COA Circular No. 2009-001, a 17-year-old memorandum that sets the guidelines on the mandatory submission of copies of government contracts, purchase orders and other related documents to the commission.
On Jan. 15, the Department of Justice (DOJ) named Alcantara as one of the four state witnesses admitted in connection with the public works corruption scandal.
The status does not automatically grant immunity from suit. Acting Justice Secretary Fredderick Vida last week explained that state witnesses may be “discharged from criminal liability” only in cases where they would testify or provide evidence for the prosecution.
On Tuesday, Justice Undersecretary Polo Martinez, the DOJ spokesperson, explained that should the agency file more cases where Alcantara is a respondent, the former DPWH official still needs to file counteraffidavits in compliance with legal procedure.
More cases readied
The DOJ said it is expecting within the week to take custody of Alcantara, remained detained by the Senate in connection with an earlier citation for contempt during its inquiry into the corruption mess.
Vida said the department would soon make a formal request to the Senate for the turnover after completing the necessary security arrangements, such as where Alcantara would be housed.
The DOJ is also expected to issue multiple resolutions this week on complaints involving contractor SYMS Construction Trading, whose owner, Sally Santos, has also been admitted into the Witness Protection Program.
Of the five criminal complaints involving SYMS pending at the DOJ, three are up for resolution, according to Martinez. They make up a first batch of cases related to “ghost” infrastructure projects.
Six other complaints make up the second batch, which are still under preliminary investigation in the DOJ.
The third batch are the three plunder charges being prepared against Sen. Jinggoy Estrada, former Sen. Ramon Revilla Jr. and resigned Ako Bicol Rep. Elizaldy Co, which the DOJ announced last week.
Subpoenas to Estrada, Revilla and Co are expected to be issued within the month, Martinez said.
