MANILA – Department of Public Works and Highways (DPWH) Secretary Vince Dizon on Monday formally filed a referral for investigation and filing of criminal charges against government officials and private entities involved in anomalous infrastructure projects in the agency's Bulacan 1st District Engineering Office (DEO) before Acting Ombudsman Dante Vargas.
Included in the referral was a copy of the special audit report dated Aug. 25 of the DPWH's Internal Audit Service (IAS) on flood control projects implemented under the Bulacan 1st DEO.
It focused on three firms: Wawao Builders based in Quezon City; SYMS Construction Trading based in Malolos, Bulacan; and St. Timothy Construction Corporation based in Pasig City.
“The IAS report, together with the fraud audit report of the Commission on Audit, contains audit and technical findings indicating irregularities in the implementation of government infrastructure projects under Bulacan 1st District Engineering Office, involving Wawao Builders, SYMS Construction Trading St Timothy Construction Corporation and their respective responsible corporate officers," the letter explained.
The projects involved are located in Calumpit town and Baliwag City.
"This referral is respectfully submitted for your Honorable Office's consideration and appropriate action," Dizon said in his letter.
State witness?
Meanwhile, the Department of Justice (DOJ) reiterated that it will leave no stone unturned in its investigation into ghost projects.
“We call a spade a spade. Kagaya ng binigay sa amin na listahan ng (Like when they handed us a list for) immigration lookout bulletin order by the DPWH and Sec. Dizon, which included the name of a congressman, did we filter it? No, we did not filter it. We call it as it is,” Justice Secretary Jesus Crispin Remulla said in a press briefing.
“We do not want the DOJ to be weaponized for political purposes. We have already successfully thwarted attempts to use us for political purposes. We will go by the law. We do not choose between rich and poor. We do not choose just to protect the rich and persecute the poor. We do not do that,” he added.
Remulla said he has also spoken with Senate Blue Ribbon Committee chair Rodante Marcoleta on whether the Discaya couple, who has entanglements in a number of contracting firms which secured flood control projects, may qualify to become state witnesses.
“Hindi ko pa sila nakaka-usap (Discayas). But ang first principle na gagamitin natin dito ay kung meron silang nakukuhang hindi dapat, isauli nila sa republika. 'Yun naman ang first condition natin lagi (I have not spoken to them. But the first principle here is if they received money that are not due them, they should return the same to the republic. That is always out first condition,” he said.
“You don’t walk off laughing at the system because you enriched yourself and got away with the crime. Hindi (No). Dito (Here), you give it back to the state where it rightfully belongs before you could even be considered for immunity. That’s the law. Everything can be considered but we’re telling you the principles that have to be followed when we admit people into the (state witness protection) program,” he added.
Senate probe resumes
Meanwhile, couple Pacifico "Curlee" and Cezarah Rowena "Sarah" Discaya implicated government officials and lawmakers who allegedly asked for portions of the funding for government projects that were awarded to them but denied involvement in ghost projects.
During the Senate Blue Ribbon Committee motu proprio inquiry on alleged anomalous flood control projects, the couple read their sworn statement alleging that they were repeatedly pressured to provide between 10 and 25 percent of project costs to lawmakers, DPWH district engineers, and other officials in exchange for securing and implementing government projects.
“Paulit-ulit kaming ginamit ng mga nasa pwesto sa sistemang ito. Wala kaming magawa dahil kung hindi kami makikisama, gagawan nila ng problema ang project na na-award sa amin sa pamamagitan ng mutual termination o pagkakaroon ng Right of Way problem na parehong nagdudulot na hindi matuloy ang implementasyon ng proyekto (We were repeatedly used by those in power in this system. We can’t do anything because if we do not cooperate, they will create problems for the project that was awarded to us through mutual termination or having a Right of Way problem, both of which will halt the implementation of the project),” the sworn statement read.
He said that after winning the bidding, some DPWH officials would ask for their share of the project cost.
“Ang hinihingi nilang porsyento ay hindi bababa sa 10 percent at umaabot pa sa 25 percent, na naging kundisyon upang hindi ma-ipit ang implementasyon ng kontrata. Ito ay ibinibigay namin sa kanila ng cash. Ang bawat transaksyon ay may karampatang voucher at ledger na nagsasaad ng mga araw kung kailan nila ito natanggap (The percentage they ask for is not less than 10 percent and even goes up to 25 percent, which has become a condition so that the implementation of the contract is not delayed. We give them these in cash. Each transaction has a corresponding voucher and ledger indicating the days on when they received it),” he said.
Among those named in the affidavit were former Undersecretary of the Office of the Presidential Assistant for the Visayas Terrence Calatrava; former representative and now mayor Florida Robes of San Jose Del Monte in Bulacan; Representatives Roman Romulo of Pasig, Marcelino Teodoro of Marikina, Benjamin Agarao Jr. of Laguna, Eleandro Jesus Madrona of Romblon, Odie Tarriela of Occidental Mindoro, Reynante Arrogancia of Quezon, Teodorico Haresco Jr. of Aklan, Antonieta Eudela of Zamboanga Sibugay, Dean Asistio of Caloocan, and Patrick Michael Vargas, Juan Carlos Atayde, Marivic Co-Pilar and Marvin Rillo of Quezon City; and party-list representatives Nicanor Briones of AGAP, Jojo Ang of Uswag Ilonggo and Bem Noel of An-Waray.
The couple also included DPWH Regional Director Eduarte Virgilio, Unified Project Management Office Director Ramon Arriola III, and Undersecretary Robert Bernardo, who allegedly facilitated or collected the payments, and District Engineers Henry Alcantara, Aristotle Ramos, Manny Bulusan, Edgardo Pingol, Michael Rosaria,.
The Discayas said collections were sometimes given through intermediaries in public establishments.
They also claimed that while the deductions severely reduced their margins that sometimes led to losses, they still delivered projects in compliance with DPWH standards.
The said they initially tried to resist the system by reporting encountered irregularities directly to the DPWH, but were warned that they would lose projects if they refused.
“Hindi namin ginusto kailanman na mapasama sa ganitong sistema, pero kailangan naming magpatuloy para sa pamilya at mga empleyado (We never wanted to be part of this system, but we have to move on for the sake of our family and employees),” Discaya said.
The couple also expressed willingness to serve as state witnesses, adding that they are now speaking out “upang gawin ang tama (to do what is right)."
They also appealed for protection from the Blue Ribbon Committee and President Ferdinand R. Marcos Jr. to safeguard their family’s security. (With a report from Ferdinand Patinio/PNA)