(UPDATE) THE National Bureau of Investigation (NBI) has recommended that the Independent Commission for Infrastructure (ICI) file cases against 12 officials of the Department of Public Works and Highways (DPWH) Davao Region over alleged irregularities in flood control projects.
In a statement, the NBI said its validation of an investigation initiated by the ICI showed that several flood control projects in the region were either left incomplete or constructed below standard, raising questions on compliance with technical specifications and proper use of public funds.
The bureau added that it would also recommend to the Department of Justice (DOJ) the filing of formal criminal charges against the officials involved.
The recommended cases stem from the NBI’s findings on flood control projects in Davao City, particularly the structure built at La Verna Hills Subdivision in Barangay Buhangin, which investigators found to be substandard and failing to meet required engineering specifications.
The NBI said the area surrounding the project is considered a catch basin, making it highly susceptible to flooding during heavy rains. Despite the construction of flood control infrastructure, residents in the area continue to experience flooding, prompting further scrutiny of the project’s design and execution.
The bureau declined to disclose the names of the contractor and the officials involved, but confirmed that those recommended for charges include personnel from both the DPWH regional office and the Davao City district engineering office.
The NBI’s recommendation comes after earlier cases were filed against eight DPWH officials in Davao Occidental over a separate flood control project in Malita town. Those officials are currently detained at the Lapu-Lapu City Jail.
Arrest warrants
Meanwhile, Sen. Panfilo Lacson warned that arrest warrants would be issued against former representative Zaldy Co and two others if they continue to snub the Senate investigation on the flood control project mess.
Lacson, chairman of the Senate Blue Ribbon Committee conducting the probe, said the next public hearing would be on Jan. 19.
The Senate president pro tempore said the committee would subpoena personalities it already invited before but did not show up.
These include former DPWH secretary Manuel Bonoan, former Education undersecretary Trygve Olaivar, former special envoy to China Maynard Ngu, and Co, who fled the country at the height of the scandal.
Lacson said if those who are subpoenaed still fail to attend, he would recommend to Senate President Vicente Sotto III the issuance of warrants for their arrest.
“Olaivar and company were invited but did not show up. We already subpoenaed them. If they still won’t show up, we can issue warrants for their arrest,” he said on Sunday.
He added the committee may invite Rep. Leandro Leviste, coursed through the House leadership, to shed light on the files he allegedly obtained from the late former DPWH undersecretary Ma. Catalina Cabral.
Lacson said there are similarities between the documents Leviste made public, and those that he has. Asked if the “Cabral files” would be enough basis to file cases against Cabinet members, he said the documents must be authenticated by the DPWH first.
He also warned that a “double whammy” may await former DPWH officials if they recant their sworn statements related to the corruption behind anomalous flood control projects.
“If they will recant, they may be liable for violating the law on perjury, Article 183 of the Revised Penal Code as amended by RA (Republic Act) 11594, which raises the penalty for perjury to up to 12 years,” Lacson said.
“This is aside from a penalty of P1 million and perpetual absolute disqualification if the offender is a government official,” he said in a radio interview amid reports indicating the officials may recant.
Lacson said that even if the DPWH officials involved recant their statements, this may not sway the investigation, as circumstantial or documentary evidence, such as items in the budget books linking personalities — including lawmakers — to the mess had been presented in previous blue ribbon hearings.
He added that the Department of Justice is investigating the case, while the Anti-Money Laundering Council has initiated the freezing of accounts of some of those involved.
“Their statements are not stand-alone evidence. The case won’t die or collapse on the basis of their recantation,” he said.
Lacson said that former DPWH Bulacan engineers Henry Alcantara and Brice Hernandez had already turned over money and vehicles to the government, an indication that they admitted wrongdoing.
Lacson said he is not discounting the possibility that some of those implicated may have reached out to the former DPWH officials.