The Department of Justice (DOJ) is building a case to hold senior officials of the Department of Public Works and Highways (DPWH) criminally liable for gross negligence over alleged ghost flood control projects, even as the first batch of charges will target district-level personnel, Justice Undersecretary Jesse Andres said Thursday.

Andres revealed that the DOJ is finalizing a memorandum of agreement with whistleblowers or potential state witnesses, some of whom have volunteered to return up to P1 billion in illegally obtained funds.

"Definitely restitution or bringing back to the government the ill-gotten wealth, the misused funds, and all the assets that they amassed using these misused funds will have to be returned," Andres said. He added that returning the stolen funds is “part and parcel” of the agreements being negotiated.

While former Public Works Secretary Manuel Bonoan is not included in the initial set of cases—which focus on the first district of Bulacan—Andres said the DOJ is preparing to apply provisions of the Revised Penal Code that penalize gross negligence in the performance of official duties.

“Unlike in the military and police where command responsibility applies, there is no such rule in the civil service,” he explained. “But we can hold senior officials liable for gross negligence in the performance of their duties.”

The case build-up is supported by testimonial and financial evidence gathered through parallel investigations by the National Bureau of Investigation (NBI) and the Anti-Money Laundering Council (AMLC). Andres confirmed that the AMLC has approved multiple asset freeze actions amounting to P6.3 billion.

“We have coordinated with the AMLC for possible freeze orders against all involved, including Zaldy Co,” he said.

Former Ako Bicol lawmaker Zaldy Co, identified as a person of interest, has been linked to at least 16 flood control transactions involving alleged kickbacks. Andres confirmed that authorities issued an Interpol blue notice to track Co after Spanish authorities reported his recent entry into the country.

A red notice will be sought once a court issues a warrant for his arrest.

Andres said the DOJ is also reviewing possible testimony from the Discaya couple, who earlier withdrew cooperation, noting they may still qualify for Witness Protection if their statements are “absolutely necessary” and corroborated.

He added that recommendations to pursue charges against Senator Francis Escudero, Makati Mayor Nancy Binay, and former House Speaker Martin Romualdez are still under evaluation.

“No one will be spared,” Andres stressed, “but prosecutions must be evidence-based. We want cases that can withstand scrutiny and result in conviction beyond reasonable doubt.”

He described the alleged kickback scheme as “systemic,” with financial investigations key to tracking the flow of public funds among DPWH insiders, contractors, and political beneficiaries.

Andres said the evidence build-up is nearing completion: “The whistleblowers now understand that it is not just about saving themselves — it’s about correcting a wrong system.”