Graft charges have been filed before the Office of the Ombudsman (OMB) against Bulacan Gov. Daniel R. Fernando, Vice-Gov. Alex Castro, other provincial officials and private individuals for alleged irregularities in the contract for the Bulacan Flood Control and River Restoration Project.
The complaint was contained in a letter sent to Ombudsman Samuel R. Martires by Francisco Balagtas who denominated himself as "Whistleblower" with address at the Provincial Capitol Building in Malolos City.
In his letter that was received last May 6 by the OMB, Balagtas asked that Fernando, Castro, and other unnamed officials, and TCSC Corporation owners and corporate officers -- led by the firm's President Dionesio V. Toreja and Vice President for Mining Bernie Pacheco -- be charged with violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
"Allegations suggest that the governor may have granted unwarranted benefits or advantages to TCSC without adhering to the requisite fair and competitive selection process and procedures mandated by law," the letter stated.
It stated that there was no publication to invite participants to bid on the project, which raised "grave concerns" over "favoritism and corruption."
While the flood control and river restoration project aims to provide a lasting solution to the province's inundation problem, Balagtas' letter stated that there might be "political motivations" surrounding it as he suspects Fernando and the other officials are "exploiting it as a strategic gambit in anticipation of forthcoming electoral contests."
"Such conjecture raises profound ethical questions concerning the potential misuse of public resources for personal or political gain, rather than the earnest fulfillment of the public interest considering that they stand to receive financial share from the commercial disposition of the dredged or extracted materials," the letter also stated.
Balagtas' letter stated that the Bulacan project is in contrast to the river dredging initiative of San Miguel Corporation (SMC), which is considered as a "stark example of transparency and accountability" because it operates at no cost to the government and without financial gain for the corporation.
At the same time, the letter stated that there are "compelling evidence" indicating possible violations of Department of Public Works and Highways (DPWH) Department Order No. 139, Joint Memorandum Circular No. 1 series of 2019, and Department of Environment and Natural Resources (DENR) Administrative Order 2020-07.
"These regulatory frameworks delineate explicit guidelines governing environmental projects and public-private partnerships, underscoring the paramount importance of transparency, accountability, and fidelity to prescribed procurement protocols," Balagtas said in his letter.
Governor Fernando and others named in the complaint could not be contacted for comment as of posting. Their answer to the complaint will also be published by the Manila Bulletin once it is required and is officially filed before the OMB.