Ombudsman files before Sandiganbayan no bail criminal cases vs DPWH officials, private contractor
The Office of the Ombudsman (OMB) filed before the Sandiganbayan on Tuesday, Nov. 18, criminal cases for graft and malversation of public funds involving P289.5 million against several officials of the Department of Public Works and Highways (DPWH) in Region IV-B and directors of Sunwest Corporation led by resigned congressman Zaldy Co.
These are the first cases filed in court against DPWH officials and private contractors since the government started its investigations two months ago on the multi-billion-peso “anomalous” flood control projects in the country.
No bail was recommended for those charged by the OMB in the flood control project in Naujan, Oriental Mindoro.
Assistant Ombudsman Jose Dominic F. Clavano said that those charged, aside from Co, also charged were DPWH Region IV-B Regional Director Gerald A. Pacanan III, Assistant Regional Director Gene Ryan A. Altea, Assistant Regional Director Ruben C. Santos Jr., Project Engineer III Felisardo S. Casuno, Materials Engineer Timojen A. Sacar, and Quality Assurance and Hydrology Division OIC-Chief, Accountant IV Lerma D. Cayco, Planning and Design Division OIC-Chief Montrexis T. Tamayo, and Maintenance Division Chief Juliet C. Calvo.
Also charged were the board of directors of Sunwest Corporation that has been linked to Co.
Clavano said all the accused were charged with malversation of public funds through falsification of public documents under Article 217 in relation to Article 171(4) of the Revised Penal Code (RPC) and for violation of Section 3(e) of Republic Act (RA) No. 3019 or the Anti-Graft and Corrupt Practices Act.
He added Co was also charged with violation Section 3(h) of RA 3019 “for receiving unwarranted financial or pecuniary benefits.
“Because the amount malversed exceeds P8.8 million, and in line with the law and jurisprudence, the panel of the Ombudsman has recommended no bail was recommended for the malversation charge,” he also said.
Clavano assured the public that “we will pursue this case firmly, independently, and without fear or favor.”
“This is the first case that was referred by ICI (Independent Commission for Infrastructure) and, as a result, it is the first case to be filed in court,” he said.
“There are several cases in the Preliminary Investigation stage and more in the Fact-Finding stage,” he disclosed.
Clavano noted that the case stemmed from the Sept. 9 inspection that was conducted by DPWH Secretary Vince Dizon and Oriental Mindoro Gov. Humerlito A. Dolor of the road dike along the Mag-Asawang Tubig River located in Naujan, Oriental Mindoro. The project was contracted for P289,489,230.06.
“During the inspection, they discovered that the steel sheet piles used for the dike were grossly below the required standard,” he said.
He also said the measurements showed that the inspected sheet piles did not meet the 12-meter specification in the Detailed Engineering Design and were measured as only having three meters.
“It is highly possible that all other sheet piles used in the project were also below specification,” said Clavano who also disclosed that the materials were also found to be substandard.
The findings showed that “there was a scheme that resulted in unwarranted benefits, technical falsification, and the misuse of public funds.”