The complainant in the case filed before the Office of the Ombudsman relative to the alleged anomalies in the Panguil Bay Bridge project believes in the strong evidence against former Department of Public Works and Highways Secretary Mark Villar, incumbent Secretary Manuel Bonoan, and more than 21 others.

Speaking in a recent interview on DAILY TRIBUNE’s online show Straight Talk, John Chiong said the evidence attached to his 16-page complaint received by the Ombudsman on 29 September 2023 was 99 percent unquestionable.

“The Ombudsman’s evaluation of the case is ongoing. We don’t want to preempt it. The Office of the Ombudsman needs to take action; they have the authority to determine who will be imprisoned, regardless of the accused’s position, because there is solid evidence,” Chiong said.

Like magic

“It was like magic. Based on the documents that we have, the cost of the bridge project increased. So, it’s up to the Ombudsman to determine and take the necessary steps to act on this case. Based on the documents, there were also questionable signatures,” he said.

The complaint cited headlines from various newspapers and news agencies that as of 28 April 2016, the project cost had been declared P4.9 billion, with the loan proceeds funding P4.2 billion, while the remaining P586 million would be funded through the national budget.

On 4 June 2021, however, an article on pna.gov.ph said the project cost had ballooned to P7.37 billion.

“Villar should be held accountable because, during that time, he was the secretary of the DPWH,” Chiong said.

“With these falsified documents, the Namkwang-Kukdong-Gumgwang Joint Venture managed to manipulate the process and meet the necessary requirements to bid for the Panguil Bay Bridge Project, and eventually, the project was awarded to them. This situation is deeply concerning, as it highlights how a seemingly minor act of deceit can escalate into a much more serious offense,” the complaint read.

Malversation

Chiong said Secretary Bonoan faces malversation raps for allegedly releasing the funds and paying the Korean contractor even if he knew the project contract was tainted with falsified documents.

 “He still released the funds even if he was informed about what really happened with the project,” Chiong told DAILY TRUBUNE’s Straight Talk.

 On 26 July 2023, Wing-An Construction and Development Corporation, through its legal counsel Atty. Angel H. Gatmaitan, wrote Bonoan to inform him about the project’s questionable contract.

 “A recent investigation into the project revealed that its contract was tainted with falsified documents, thus raising serious concerns about its validity and legality. Any payment of public funds based on invalid and legally flawed contracts may result in malversation of public funds,” the letter read.

It added that despite these concerns, NKG JV attempted to deduct the amount of US$2,000,000 from Wing-An’s work accomplishment charges, which NKG JV’s Korean officials said they used to pay certain DPWH officials for Wing-An’s work accomplishment without any valid justification.

Chiong also claimed that the DPWH had allegedly offered the Ombudsman P100 million to dismiss the complaint.

 The complaint, he added, cited evidence that the construction contract award didn’t go through the proper process and favored a single contractor.

 DAILY TRIBUNE sought but was still waiting to get reactions from the office of Senator Villar and the DPWH, including Secretary Bonoan, at press time.

 The complaint went on:  “This contract, worth US$113,867,000 or P5.8 billion (then at P51.06 to a US dollar) more or less, with US$100,132,000 or P5 billion being funded through loan proceeds, which ballooned to P7.3 billion of which P4,006,660.000 had been disbursed as of 2022, was awarded by DPWH to the Namkwang-Kukdong-Gumgwang joint venture based on their fraudulent and falsified registration with the Securities and Exchange Commission, which falsely represented Mr. Sung Kul Shim as their resident agent and bore his forged signature.”

Warrant of arrest for forgers

Meanwhile, the Pasay City Metropolitan Trial Court Branch 45 issued a warrant of arrest for Namkwang-Kukdong-Gumgwang officers, namely Kim Geun Young, Youn Tai Sek, and Jae Sung Gong, for falsification of public documents.

In an order signed by Presiding Judge Unica Mondia on 16 January 2023, the court fixed bail for each respondent at P36,000.

The arrest warrant stemmed from the 20 December 2023 resolution of Senior Assistant Prosecutor Ju-Haree Tolentino based on two separate complaints filed in 2022 that found the three respondents liable for violating Article 172 of Republic Act 3815.

“That on or about the 8th day of July 2021, in Pasay City, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, in conspiracy with each other, did then and there willfully, unlawfully and feloniously falsify the signature of Sung Kul Shim as appearing on the GIS for the year 2021 of Kukdong Engineering and Construction Co. Ltd., to make it appear that he signed the same and that he is, therefore, a resident agent of the corporation, when in truth and in fact, he did not sign the said GIS, and he is not a resident agent of Kukdong Engineering and Construction Co. Ltd., to the damage and prejudice of Sung Kul Shim,” Tolentino’s MTC information read.