The Independent Commission for Infrastructure (ICI) asked the Office of the Ombudsman (OMB) to investigate three former top officials of the Department of Public Works and Highways (DPWH) for possible violations of the Code of Conduct and Ethical Standards for Public Officials and Employees.

Recommended for investigation were former secretary Manuel Bonoan and resigned undersecretaries Roberto Bernardo and Maria Catalina Cabral.

The ICI’s recommendation was contained in its report submitted to the OMB on Tuesday, Nov. 4, on Contract ID No. 25CC0148, a ₱72.3-million “ghost” flood control project in Plaridel, Bulacan contracted by the DPWH’s Bulacan First Engineering District with Topnotch Catalyst Builders, Inc.

The project involved the construction of a riverbank protection structure at Bagong Silang (Purok 4) in Plaridel, Bulacan, but the Commission on Audit (COA) discovered that no structure was constructed at the location specified in the Approved Bid Plans.

The structure was reportedly relocated, but the COA said the deviation was not supported by any documentary evidence.

Despite these irregularities, the COA said that Topnotch was still fully paid the contract cost by the DPWH.

Recommended for the filing of criminal charges were District Engineer Henry C. Planning and Design Chief Ernesto C. Galang, Construction Section Chief Jaypee D. Mendoza, Project Engineer John Michael E. Ramos, Engineer II Irene DC Ontingco, Engineer II Joshua Blitz S. Roxas, Engineer II Bernardo P. Villafuerte, as well as Topnotch president and owner Eumir S. Villanueva.

The ICI sought the filing of graft, malversation of public funds, falsification of public documents, and violations of Presidential Decree No. 1759, the law that penalizes contractors and sub-contractors who violate any material provisions of contract involving public works projects of the government, and Republic Act No. 9184, the Government Procurement Reform Act.

In its report, the ICI told the OMB that Bonoan “miserably failed to exercise simple diligence tantamount to fraud in ensuring the judicious use of public funds entrusted to DPWH."

As for Bernardo and Cabral, the ICI said they were "intimately in the know of the activities of senior DPWH officials and responsible for the overall economical, efficient, and effective administration of public funds entrusted to DPWH."

"The participation of the aforementioned public officials (Bonoan, Bernado and Cabral) in the anomalies and irregularities relating to the project appears to have been indispensable in achieving their objective, together with the concerned private individuals, to defraud the government," the ICI also said.

During a press briefing, ICI Chairperson Andres B. Reyes Jr. said that their findings remain preliminary at this stage.

However, Reyes said their investigations have shown that the DPWH officials were grossly negligent, if not remiss, in the performance of their respective duties. As a result, government funds were improperly disbursed, he also said.

"Their acts and omissions indicate a failure to secure the required diligence and oversight expected of public officers entrusted with administration of public funds, thereby resulting in evident injury to the government," he added.

Reyes lamented that the actions committed by the DPWH officials have besmirched the integrity of public service.

He stressed: "A public office is a public trust. A public office means a sacrifice for the betterment of the Filipino people and not to make your life better at the expense of the people. And please, do not steal the people's money. Expect more references, referrals to the Ombudsman. More are coming. I repeat, more are coming."

In a message to journalists, ICI Executive Director Byan Keith Hosaka said: “The ICI’s recommendations to assess and investigate and thereafter, if there are sufficient grounds, to file the necessary charges. It is the OMB which will conduct the preliminary investigation. The ICI can only recommend.”

The ICI’s submission made on Nov. 4 marked the third filing made by the commission before the Ombudsman.

To recall, the ICI made its first submission on Sept. 29 which involved the P289.5 million flood-control project in Naujan, Oriental Mindoro which was helmed by former Ako Bicol Partylist Rep. Elizaldy "Zaldy" Co's company, Sunwest, Inc., in 2024.

The second filing was made on Oct. 29, with the ICI recommending that criminal and administrative charges be filed against Senators Jinggoy Estrada and Joel Villanueva, Co, COA Commissioner Mario Lipana, former Caloocan 2nd District Rep. Mary Mitzi Cajayon-Uy, and Bernardo.