OMB asked to probe, charge in court 2 former undersecretaries for 'involvement in flood control mess'
The Office of the Ombudsman was asked on Monday, March 30, to investigate and file criminal charges before the Sandiganbayan against two former undersecretaries for alleged involvement in the “anomalous” flood control projects.
Sought to be probed and charged in court were former undersecretaries Adrian Carlos Bersamin of the Office of the Executive Secretary and Trygve Olaivar of the Department of Education.
The complainants alleged that Bersamin and Olaivar should be probed and charged with violations of Republic Act (RA) No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees; and RA 3019, the Anti-Graft and Corrupt Practices Act; and for grave misconduct and conduct prejudicial to the best interest of the service as defined in several laws and jurisprudence.
They said that the two respondents should be held accountable for the multi-billion-peso “commitment-insertion-kickback scam.”
The joint complaint-affidavit was filed by David Michael M. San Juan, initiator of the Kilusang Bayan Kontra Kurakot (KBKK) and convenor of the Taumbayan Ayaw sa MAgnanakaw at Abusado Network Alliance (TAMA NA); former ACT Teachers party-list representative Francisca L. Castro; Bagong Alyansang Makabayan chairperson Teodoro A. Casino; Movement Against Tyranny co-convenor Bonifacio P. Ilagan; Bunyog Party vice president Maria Belinda V. Sevalla; Green Party Philippines chairperson David D. D’Angelo; and Seniors Kontra Kurakot members Gaudella G. Tiongson and Servando D. Peralta.
Citing news reports, budget deliberations at the Senate, sworn affidavits of former Department of Public Works and Highways (DPWH) undersecretary Roberto R. Bernardo, and the posts made by resigned congressman Elizaldy Co on Facebook, the complainants alleged “there appears to be a multibillion-peso ‘commitment-insertion-kickback’ scam running from the highest rungs of the Marcos administration whereby President Marcos ordered budgetary insertions which ‘facilitators’ include in the budget for assured funding, after which operators handled and delivered billions in kickbacks for him.
The Office of the President had denied all the allegations against President Marcos in the flood control mess. The President himself ordered a thorough investigation of all flood control projects.
“In this picture, Bersamin apparently is the runner, bagman, and ‘disbursing officer’ of kickbacks who directly reported to the President,” they claimed.
In Bernardo’s affidavits, they cited that in 2024, the former undersecretary was contacted by Olaivar “to discuss Unprogrammed Appropriations supposedly for the Office of the Executive Secretary” and was asked for a list of projects for funding.
They alleged that Bernardo subsequently submitted the list to Olaivar who told him “the commitment is 15 percent.”
“Engineer Alcantara (former DPWH Bulacan First District Engineer Henry C. Alcantara) from time to time would collect and deliver the agreed 15% commitment to me which I delivered or cause to be delivered to Usec. Olaivar in Magallanes, Makati, and other places,” they also claimed that Bernardo said in his affidavit.
The complainants asked the Ombudsman: “We pray that the Office of the Ombudsman dockets a case for their criminal and administrative liabilities. Finally, we pray that the Office of the Ombudsman, after such an investigation, file the appropriate charges in the proper courts and tribunals.”
Bersamin and Olaivar could not be contacted for comment as of posting time.