Espinoza: Charges should now have been filed against those involved

Free Zone
Espinoza: Charges should now have been filed against those involved
Elias EspinozaFree Zone
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The Department of Justice (DOJ) or the Office of the Ombudsman should have filed administrative or criminal cases against those responsible for the ghost or substandard flood control projects before they could leave the country, as evidence of their wrongdoing was already apparent and sufficient to support the charges.

The DOJ and the Ombudsman do not have to wait for the outcome of the Senate Blue Ribbon Committee, as the latter’s proceedings are separate and are conducted in aid of legislation.

MANILA. The Blue Ribbon Committee, chaired by Sen. Rodante Marcoleta, formally opened its inquiry into alleged irregularities in flood control projects on Tuesday, Aug. 19, 2025. /
MANILA. The Blue Ribbon Committee, chaired by Sen. Rodante Marcoleta, formally opened its inquiry into alleged irregularities in flood control projects on Tuesday, Aug. 19, 2025. / SENATE

Charges before the Ombudsman or cases in court against those who may be liable in the anomalous flood control projects proceed on their own. The committee hearings are fact-finding and legislative in nature. They may help build a case, but they are not a prerequisite for prosecution. There have been occasions when the Ombudsman or the DOJ started a preliminary investigation while the Senate Blue Ribbon Committee was still conducting a hearing on a case.

Newly appointed Department of Public Works and Highways (DPWH) Secretary Vince Dizon, in a directive, ordered his subordinates — from undersecretaries, assistant secretaries, and regional directors to assistant regional directors and district engineers — to tender their courtesy resignations while his office conducts its investigation.

In the Senate Blue Ribbon Committee, former Bulacan DPWH First District engineer Henry Alcantara admitted to gambling in casinos along with his former assistant district engineer, Brice Hernandez. Alcantara said they would go to casinos twice to thrice a month.

Sen. Ping Lacson revealed that Alcantara and Hernandez, who were earlier removed from their posts amid an investigation into anomalous flood control projects in Bulacan, have each lost around P300 million in casino gambling.

Lacson said the two used aliases to avoid the law. He noted that Article 178 of the Revised Penal Code criminalizes the public use of a fictitious name to conceal a crime. Also, Republic Act 6713, or the Code of Conduct for government officials, provides for a penalty of up to five years imprisonment, a fine of up to P5,000 and possible perpetual disqualification from government service.

In that same hearing, Commission on Audit (COA) auditor Tracy Anne Sunico said the agency is going to file charges against those involved in the anomalous flood control projects within the month. “Doon po sa case po kasi ng Bulacan, Your Honor, marami pong hindi na-submit na disbursement vouchers,” Sunico said.

I believe there is now enough evidence for the Ombudsman or the DOJ to file criminal or administrative charges against the responsible officers of the DPWH and the flood control contractors. The two agencies do not have to wait for the conclusion of the Senate Blue Ribbon Committee hearing. The final report or recommendation of the committee could just strengthen the cases filed against the culprits.

The DPWH is not new to scandal or corruption. In the 1970s, the then Ministry of Public Works and Highways was involved in the misuse of government funds allocated for the construction of roads and highways in Cebu. I was still a college student when this happened. The scandal’s details were later documented by Cesar Bacani and Bernardino Cailao in their book, Raiders of the Philippine Treasury: The inside story of the 1978 Cebu Highways anomaly. While the scandal involved widespread corruption and theft, few, if any, of the perpetrators were brought to justice.

I wish this ongoing Senate Blue Ribbon Committee hearing would not be just another zarzuela. A question was raised on the membership of Sen. Mark Villar in the committee, considering that he was the DPWH secretary when some of these projects were implemented.

It was reported that COA chairperson Gamaliel Cordoba issued a memorandum order on Aug. 25, 2025, to conduct a performance audit on the government’s flood control projects amid reports of ghost and substandard projects. This covers all ongoing and completed flood control projects in Bulacan from Jan. 1, 2022, to July 31, 2025, prioritizing the highest-valued projects.

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