The Office of the Ombudsman (OMB) has filed graft and malversation charges against former Ako Bicol Party-list Rep. Elizaldy “Zaldy” Co and several Department of Public Works and Highways (DPWH) officials over an allegedly anomalous ₱77-million flood control project in Balagtas, Bulacan, which the anti-graft body said an inspection found to be non-existent.

In a statement on Friday, Aug. 28, the OMB said it found probable cause to charge Co and DPWH officials Henry Alcantara, Brice Ericson Diaz Hernandez, Arjay Salvador Domasig, Jaypee De Leon Mendoza, Niño Lawrence Vergara Morales, Juanito Coronel Mendoza, Floralyn Yutuc Simbulan, and Christina Mae Del Rosario Pineda.

The probable-cause finding covered one count of malversation of public funds through falsification of public documents under Article 217, in relation to Article 171(4), of the Revised Penal Code and one count of violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.

Alcantara, however, was not included in the information filed before the Sandiganbayan because he had been admitted into the Witness Protection Program.

Meanwhile, the anti-graft body said Co’s staff members, John Paul Estrada and Mark Tecsay, were also included in the indictment.

The case involves the construction of a riverbank protection structure along the Balagtas River in Purok 4, Barangay San Juan, Balagtas, Bulacan, under Contract ID No. 25CC0155.

According to the OMB, the project was awarded to SYMS Construction Trading and had a revised contract amount of approximately ₱77.2 million.

A subsequent inspection found that the flood-control structure did not exist despite documents and certifications indicating that the project had been completed, the OMB said.

“The project supposedly started last February 24, 2025 and was declared to be 100% accomplished on May 2, 2025. However, upon inspection, it was non-existent,” the ruling stated.

The OMB said its finding of probable cause was based on a series of approvals and certifications that allowed the release of public funds despite glaring irregularities.

“The repeated approvals of the payments to SYMS, in spite of the glaring irregularities in the Monthly Certificates of Payment (MCPs) and Statements of Work Accomplished (SWAs), are strong indication of their participation in the devious schemes of misappropriating the funds for flood control projects,” the resolution read.

According to the OMB, the respondents’ collective actions indicated the presence of an implied conspiracy.

“In exchange for the kickbacks collected by Alcantara from contractors and delivered in advance to Co, the latter ensured that the project will be inserted in the NEP and eventually funded in the General Appropriations Act (GAA). Co’s participation was therefore necessary or indispensable in this elaborate scheme of embezzling funds intended for flood control projects,” the resolution stated.

“The modus did not end after the delivery of the advance payment to Co. The project was eventually awarded to SYMS which was owned by Santos. However, and which is apparent in the scheme used by the respondents, there was no intention to actually complete the project,” the ruling added.

The OMB also cited the repeated failure of officials responsible for reviewing, inspecting, and certifying the project to exercise the required diligence, saying these could not be considered ordinary lapses or isolated errors.

“Here, respondents acted with evident bad faith and/or gross inexcusable negligence when they issued the pertinent documents and certifications that led to the diversion of public funds… for a project that turned out to be non-existent or incomplete. The repeated failure to exercise due diligence is very telling,” the resolution stated.

The resolution found that the respondents’ actions, taken together, demonstrated their direct and active involvement from the start of the project and enabled the eventual release of millions of pesos in government funds.

Meanwhile, the OMB found no probable cause to charge Co, Alcantara, Estrada, and Tecsay with violating Section 3(b) of Republic Act No. 3019.

It likewise referred the perjury charge against Sally N. Santos to the Department of Justice (DOJ) for proper disposition.