DOJ submits flood-control cases to Ombudsman; preliminary investigation to start, then filing in court
The Department of Justice (DOJ) turned over to the Office of the Ombudsman on Tuesday, Oct. 14, its findings and recommendations for the filing of criminal charges in the multi-million-peso “ghost and substandard” flood control projects in Bulacan.
Named in the documents were several officials of the Department of Public Works and Highways (DPWH) Bulacan 1st District Engineering Office (DEO) and private contractor Syms Construction.
With the approval of the Office of the Ombudsman (OMB), preliminary investigations will be conducted preparatory to the filing of the cases before the Sandiganbayan.
In a press briefing held at the Office of the Ombudsman (OMB) on Agham Road in Quezon City, Prosecutor General Richard Anthony Fadullon and DOJ Officer-in-Charge Fredderick Vida formally handed over the documents to Ombudsman Jesus Crispin C. Remulla for the latter's review.
Recommended for criminal charges in the documents were former District Engineer Henry C. Alcantara, Assistant District Engineer Brice Ericson D. Hernandez, Project Engineer Arjay S. Domasig, Construction Section Chief Jaypee D. Mendoza, Project Engineer Nino Lawrence V. Morales, Finance Section Chief Juanito C. Mendoza, Administrative Section Chief Floralyn Y. Simbulan, Cashier II Christina Mae D. Pineda, and Syms Construction representative Sally N. Santos.
The charges recommended are for violations of Article 217 in relation to Article 171 Paragraph 4 of the Revised Penal Code (RPC) on malversation through falsification; Article 183 of the RPC on perjury; and Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
Remulla told journalists during the briefing that the OMB is currently reviewing hundreds of flood-control projects.
He described the first few ones they plan to file cases against as "open and shut cases" and that "this is just the beginning."
He also likened the first few cases to a "low-hanging fruit" and are easy to prove.
"May pera lumabas at may tumanggap, pero walang project nagawa (There was money that came out and someone received it, but there was no project to speak of)," he lamented.
For now, he said the OMB is collating the fraud audit reports submitted by the Commission on Audit (COA) and gathering additional evidence to ready the charges before the Sandiganbayan.
The anti-graft court, on the other hand, is getting its gears ready for "continuous trial," he also said.
Remulla guaranteed that there will be more flood-control related cases that involve higher ranking officials in the next few weeks, and they are even getting help from the Anti-Money Laundering Council (AMLC).
"Meron talaga nagkabatuhan ng pera (There really is money thrown about) from one account to another," he said, adding that these are "bank-to-bank" transactions so "huling huli (they are caught red-handed)," he also said.