Graft raps filed vs. Bulacan governor, et al.

Graft charges were hurled against Bulacan Governor Daniel R. Fernando, Vice Governor Alex Castro, other officials, and a private contractor over the alleged anomalous Bulacan Flood Control and River Restoration Project, before the Ombudsman on Monday.

The three-page complaint dated 1 May 2024 and was mailed to the Office of the Ombudsman on 3 May 2024.

A copy was received by the graft office on 6 May and obtained by the DAILY TRIBUNE. The complaint was filed by a certain Francisco Balagtas, a name sake of the province known poet.

Balagtas who also described himself as a "whistle blower", in his complaint, noted the Ombudsman should thoroughly investigate the conspiracy between the said provincial officials and the TCSC Corporation owners and corporate officers Dionesio V. Toreja, President, Engr. Bernie Pacheco, Vice President for Mining and others for "Alleged Corruption."

"I am writing to formally lodge a complaint concerning alleged acts of corruption and violations of anti-graft laws in the implementation of the Bulacan flood control project under the auspices of Governor Daniel R. Fernando, Vice Governor Alex Castro, and others in conspiracy with TCSC Corporation owners and corporate officers," Balagtas complaint letter read.

He alleged that Governor Fernando, in concert with individuals purportedly affiliated with TCSC Corporation, has orchestrated a series of actions that appear to contravene numerous legal statutes and regulations.

Fernando and other Bulacan officials according to Balagtas favored TCSC in the said project.

"In short, TCSC was not selected. It was anointed by the accused government officials," Balagtas said.

According to the complainant, these actions have cast a shadow over the integrity and transparency of the public procurement processes associated with the aforementioned project.

"First and foremost, Governor Fernando, Vice Governor Alex Castro and all other public officials concerned stands accused of potentially breaching Section 3 (e) of Republic Act 30 19, more commonly known as the Anti-Gran and Corrupt Practices Act which provides that "(e) causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence," Balagtas complaint read.

"Allegations suggest that the governor may have granted unwarranted benefits or advantages to TCSC without adhering to the requisite fair and competitive selection process and procedures mandated by law. There was no publication to invite participants to the project (if this is a solicited one) or no selection or swiss challenged was done (if this is an unsolicited proposal) giving rise to suspicions and raise grave concerns regarding the specter of favoritism and corruption within the administrative corridors of the Bulacan provincial government," Balagtas said further explained in his complaint.

"It is also worthy to mention that this Bulacan Project is in contrast with the river dredging initiative undertaken by San Miguel Corporation (SMC), which stands as a stark example of transparency and accountability. SMC's project operates at no cost to the government and without financial gain for the corporation, highlighting the disparities and potential irregularities in the Bulacan River Restoration Project," Balagtas said.

Moreover, he added, "there exists compelling evidence indicating possible violations Of Department of Public Works and Highways Department Order No. 139, Joint Memorandum Circular No. 1 series of 2019 and Department of Environment and Natural Resources (DENR) Administrative Order 2020-07."

These regulatory frameworks,Balagtas reasoned out, "delineate explicit guidelines governing environmental projects and public-private partnerships, underscoring the paramount importance of transparency, accountability, and fidelity to prescribed procurement protocols."

"Furthermore, serious ethical quandaries emerge from the suspicion that the flood control project may harbor political motivations, with Governor Fernando and cohorts allegedly exploiting it as a strategic gambit in anticipation of forthcoming electoral contests. Such conjecture raises profound ethical questions concerning the potential misuse of public resources for personal or political gain, rather than the earnest fulfillment of the public interest considering that they stand to receive financial share from the commercial disposition of the dredged or extracted materials."