The Independent Commission for Infrastructure (ICI) has recommended the filing of charges against Senators Joel Villanueva, Jinggoy Estrada; former Ako Bicol Party-list representative Zaldy Co; and former Caloocan 2nd district representative Mitch Cajayon-Uy for their alleged hand in anomalous and "ghost" flood control projects.

The body has also recommended charges against Commission on Audit (COA) Commissioner Mario Lipana and former Department of Public Works and Highways (DPWH) undersecretary Roberto Bernardo.

ICI Chairperson retired Supreme Court (SC) associate justice Andres Reyes Jr. on Wednesday, Oct. 29, identified these individuals as having alleged involvement in the anomaly as the body marked its 44th day of investigations and case build-up in the massive corruption scandal that rocked the country to its core.

Based on testimonies and affidavits of resource persons invited by the ICI, Reyes said the individuals had alleged parts "in obtaining bribes or unwanted monetary benefits from flood control project contractors".

"We'll be submitting our interim report and recommendation to the Office of the Ombudsman... We recommended the filing of criminal and administrative charges against [them]," Reyes said in a press conference.

According to Reyes, these persons have purportedly committed this following violations:

• Direct or indirect bribery and corruption of public officials under Articles, 210, 211 and 212 of the Revised Penal Code (RPC)

• Corruption of public officers under Section 3B and 3E of the Republic Act (RA) No. 3019, and

• Plunder as defined and penalized under Section 2 of the RA No. 7080

Citing affidavits and testimonies of the resource persons who were verified by the body, Reyes said the "above-mentioned government officials or former government officials [were identified] as primarily involved with this violation".

He then explained how the scheme was executed.

"The scheme starts from the proponent, who is either a member of the Senate or of the House of Representatives, who will inform Engineer Alcantara that he or she has a budget allocated for infrastructure projects," Reyes said, referring to former DPWH Bulacan 1st District Engineer Henry Alcantara.

The ICI chairman explained that the scheme had always involved flood control projects "because the kickback is 25 to 30 percent", and "It is higher than the kickback from other projects, which is only at 10 percent."

"From here Engineer Alcantara then direct [DPWH 1st District Assistant] Engineer [Brice] Hernandez to make a list of projects based on the budget that the proponent has. The list is then given to one Carlo Rivera, who will then transmit it either to the regional office in Bulacan, or to the proponent itself," Reyes explained.

It wasn't clear who was this "Carlo Rivera" that Reyes was referring to. There was a certain Project Engineer John Carlo Rivera from the DPWH Bulacan 1st District who was recommended for suspension by the DPWH before the Office of the Ombudsman.

Reyes further said that if the list was provided to the DPWH Regional Director, it will be included in the National Expenditure Program (NEP) or the precursor to the national budget; but if the list is given to the proponent itself, "he or she would insert the projects in the House General Appropriations Bill called HGAB, or bicameral insertions, where it would be reflected in the General Appropriations Act known as GAA (national budget)."

"Once the projects were reflected in the NEP or GAA, Rivera would make a summary of the projects, while Engineer Alcantara would then choose the contractors, who would then implement the project. This would trigger the payment or obligations or SOP (Standard Operating Procedure) to the proponent," he added.

Reyes says that there would be an advance payment of 10 percent of the budget allocation to the proponent once NEP iss released, while the remaining 15 percent would be paid off when the GAA is passed.

"If the insertion were included in the GAA, the whole 25 percent SOP is given to the proponent," he added.

Reyes says the 25 percent payoff is allegedly advanced by the contractors "to ensure that the project will be awarded to them".

Reyes subsequently warned those who were also involved that "no one will be spared in this fight against corruption" in light of its referral cases to the Ombudsman.

"Politicians and government officials will be investigated and charged by credible evidence," he said.

"Those found responsible will face the consequences and held accountable under the rule of law," he added.

Reyes reminded aspiring criminals that "crime will not and does not pay ".

"We will continue to investigate, follow the evidence, pursue charges to the very last man involved. Justice will not be delayed this time. This is our promise to our countrymen," he added.