Is the alleged link of the Office of the Executive Secretary (OES) to the multibillion-peso flood control scam being watered down — or flushed away entirely?

As netizens raised this concern not only regarding Executive Secretary Lucas Bersamin but also former speaker Martin Romualdez, a lawmaker on Sunday cautioned the National Bureau of Investigation (NBI) against “selective prosecution.”

Bicol Saro Rep. Terry Ridon referred to the omission of Department of Education (DepEd) Undersecretary Trygve Olaivar from the list of personalities against whom the NBI filed a complaint before the Department of Justice (DoJ).

It was Olaivar who allegedly demanded a 15 percent cut from P2.85 billion worth of infrastructure projects supposedly for Bersamin, according to the bombshell testimony of former Department of Public Works and Highways Undersecretary Roberto Bernardo before the Senate Blue Ribbon Committee.

Ridon, who spearheaded a parallel probe into the flood control anomalies before the House gave way to the Independent Commission for Infrastructure (ICI), posited that the non-inclusion of Olaivar in the complaint suggests selective prosecution.

The ICI was created by President Ferdinand Marcos Jr. to investigate corruption-tainted big-ticket government projects. On Saturday, it was hit by the resignation of its adviser, Baguio City Mayor Benjamin Magalong, who raised doubts on ICI’s independence.

Critics of the ICI have derided it as a body intended to whitewash the so-called Floodgate scandal and limit the prosecution of those involved to the small players like the private contractors, DPWH engineers, and lawmakers not allied with the government.

“What surprises me is that the affidavit of Usec. Bernardo is very detailed, but Undersecretary Olaivar was left out of the NBI charge sheet,” Ridon said in Filipino in an interview.

Bernardo, whose name was frequently mentioned in the scandal, implicated Olaivar in the kickback scheme during his initial appearance in the Senate probe on Thursday.

The DPWH official accused his DepEd counterpart of demanding a 15 percent commitment — a code for commission — from the list of projects that would be charged to unprogrammed appropriations “for the Office of the Executive Secretary.”

Only Palace decides

Bernardo alleged that Olaivar approached him for their supposed deal in 2024. Aside from Olaivar, Bernardo also tagged Senator Chiz Escudero, former senators Bong Revilla Jr. and Nancy Binay, and Ako Bicol Rep. Elizaldy Co in the kickback scheme.

Unprogrammed funds are typically tapped by the government in cases of emergencies when infrastructure projects and social programs are required.

In a separate interview on Sunday, ACT Teachers Rep. Antonio Tinio claimed that the unprogrammed appropriations under the Marcos administration are unprecedented, reaching nearly P2 trillion from 2023 to the present.

“That’s just a lump sum, and only Malacañang decides what to fund from unprogrammed appropriations. Effectively, we have a second budget, but it’s a secret how it is being used, unlike the regular budget, which at least has line items,” said Tinio, Ridon’s colleague in the minority bloc, in Filipino.

Bernardo’s affidavit alleged that he passed Olaivar’s request to district engineer Henry Alcantara of the DPWH Bulacan 1st District Engineering Office, who prepared a list of infrastructure projects worth P2.85 billion.

Further, Bernardo told senators that he delivered the commissions to Olaivar in Makati, among other places.

Olaivar, who previously worked for several senators, flatly denied involvement in the flood control anomalies and immediately took a leave of absence. He, however, pledged to cooperate with all proceedings related to the flood control scam.

Likewise, Bersamin dismissed Bernardo’s imputation as “not true,” asserting that his office has no hand in the budgetary allocation of the scandal-ridden DPWH.

The 2025 General Appropriations Act was set initially at P6.352 trillion. It was trimmed down to P6.326 trillion after President Marcos Jr. vetoed P194 billion worth of line items, including P16.7 billion for flood control projects, deemed inconsistent with his priorities.

This year’s budget, dubbed the “most corrupt” passed by Congress, was widely criticized for allegedly featuring padded unprogrammed and discretionary funds, while budgets and subsidies to the Department of Education and state health insurer PhilHealth, respectively, suffered deep cuts.

Despite Bersamin’s complete denial, Ridon contended that Olaivar must be included in NBI’s charge sheet, citing Bernardo’s “very specific” claims and the Palace’s pronouncement that no one would be spared from the irregularities linked to the flood control scam.

Complaint

Among the respondents in the corruption complaint at the DoJ are Senators Escudero, Joel Villanueva, Jinggoy Estrada, ex-senator Revilla, Ako Bicol Rep. Elizaldy Co and ex-Caloocan Rep. Mitch Cajayon-Uy.

Bernardo, Alcantara and their subordinates in the DPWH, including dismissed engineers Brice Hernandez and Jaypee Mendoza, are also subject to the corruption complaint.

As for Romualdez’s non-inclusion in the NBI list for case buildup, authorities pointed to his accuser, Orly Guteza, having failed to appear before the DoJ to submit his affidavit.

Guteza, a witness of Senator Rodante Marcoleta who introduced himself as Co’s former security consultant, told the Senate panel that he personally delivered bags of cash to Romualdez’s Forbes Park houses, which may reach up to approximately P1.6 billion.

The money, dubbed “basura” (trash), was allegedly kickbacks from flood control projects and was delivered from Co’s residence in Valle Verde, Pasig City.

Co and Romualdez have vehemently denied Guteza’s kickback allegations, with the former speaker branding his testimonies as “pilit na pilit” (extremely forced), suggesting he was coached.

Romualdez asserted that the accusations are also “impossible,” saying one of the properties cited by Guteza has been under renovation since January last year, and only construction workers have occupied it.

Romualdez and Co were first implicated in the flood control scandal earlier this month when big-time contractor Curlee Discaya accused them of receiving 10 to 25 percent kickbacks from projects awarded to his several firms.

Discaya, however, later denied that he had direct dealings with Romualdez and Co, saying that their other colleagues asking for commissions may only be using their names to gain leverage.

Aside from Romualdez and Co, there are 19 more lawmakers tagged in the flood control scam, all of whom denied receiving kickbacks.