Department of Public Works and Highways records showed that EGB Construction Corp. completed and turned over the P39.82-million flood-control project along the Bongo River in Sarrat, Ilocos Norte in 2018 and 2019, contradicting the 2019 recommendation by the Ilocos Norte Sangguniang Panlalawigan to blacklist the firm.

The DPWH documents — the Final Completion Inspection Report, Certificate of Completion, and Certificate of Acceptance from the DPWH Ilocos Norte 1st District Engineering Office — all told the same story.

The Final Completion Inspection Report, dated 20 June 2018, declared the project “completed in accordance with the approved plans and specifications,” and bore the signatures of engineers from the Planning and Design, Maintenance, Quality Assurance, and Construction divisions.

The Certificate of Completion, issued on 25 June 2018, confirmed the “Repair/Rehab of Flood Control Structure along Bongo River (Upstream of Sarrat Bridge, Left Bank), Brgy. San Marcos, Sarrat, Ilocos Norte” was satisfactorily finished per contract.

It was signed by then District Engineer Nestor Pasion, with a “conforme” (agreement) by EGB owner Erni Baggao, and it noted a one-year defects liability period.

The Certificate of Acceptance, dated 24 May 2019, was issued after the liability period ended, certifying the project was “free from defects and failures” and marked the formal acceptance by the implementing office. This was signed by District Engineer Marta Venus Torio.

Baggao said, “Blacklisting did not happen because the project was completed and accepted according to DPWH standards. We offer legitimate works across the Philippines. We owe it to the people to make sure our work meets the implementing agency’s design specifications.”

Only DPWH can blacklist

Under Section 69 of Republic Act 9184, the Government Procurement Reform Act, and its 2016 Revised IRR, only the procuring entity — in this case the DPWH — can initiate the blacklisting of a contractor or supplier.

Provincial boards may issue recommendations, but these have no binding effect unless adopted by the procuring agency after due process.

Despite formal requests, the provincial government of Ilocos Norte has yet to release a copy of its March 2019 Sangguniang Panlalawigan resolution recommending EGB’s blacklisting. It is also unclear if the DPWH ever considered or acted on that recommendation.

What is certain is this: the implementing agency itself certified the project as defects-free and accepted it in 2019 — raising questions about the legal and factual basis for any blacklist attempt tied to this project.

Comments from the Sangguniang Panlalawigan and the DPWH central office are still being awaited.