DOJ: Whistleblowers now 'telling all,' cases to implicate DPWH officials, lawmakers

The Department of Justice (DOJ) will begin on Monday, 10 November, its preliminary investigation into alleged anomalous flood control projects said to involve “ghost” constructions and kickback schemes, as the government moves to hold accountable both public officials and private contractors.

Justice Undersecretary Jesse Andres on Friday said the government’s legal mechanisms are “fully capable” of exacting accountability, noting that multiple cases are ready for filing and billions of pesos in questionable assets have already been frozen.

“The present legal framework and existing laws, together with functioning institutions, are very much capable of exacting accountability on all levels,” Andres said. “We are confident the evidence we have gathered is sufficient to build strong cases that should be filed in court.”

The first batch of cases involves officials of the Department of Public Works and Highways (DPWH), including district and assistant district engineers, project managers, engineers, bids and awards committee members, and contractors.

The second batch, to be filed next week, will cover higher-ranking officials and politicians.

“You can expect a congressman, past or present, to be involved in the next batch of cases. There will also be senators and other proponents who benefited from the kickback scheme,” Andres said.

He emphasized that both the DOJ and the Office of the Ombudsman are conducting careful fact-finding to avoid premature or baseless charges.

“We are very circumspect because we do not want to charge a person unduly. Justice can only be based on evidence that is admissible and credible,” he said.

The probe has been strengthened by detailed testimonies from whistleblowers under the Witness Protection Program, including former district engineers and contractors.

Andres identified former DPWH undersecretary Roberto Bernardo, engineers Henry Alcantara, Bryce Hernandez, JP Mendoza, RJ Domasig, and contractor Sally Santos as among those who have “told all,” providing accounts that allegedly implicate both DPWH personnel and politicians.

“They are now telling everything. There is sufficient evidence to implicate even politicians,” Andres said, adding that immunity will only be granted on a case-by-case basis. “We will not allow anyone to be absolved without full accountability and restitution.”

Whistleblowers have also agreed to return at least P1 billion in misused public funds, which may include cash, real property, vehicles, and jewelry. Two luxury vehicles have already been surrendered.

In coordination with the Anti-Money Laundering Council, the DOJ has secured eight freeze orders from the Court of Appeals covering P6.3 billion worth of assets — including bank accounts, vehicles, insurance contracts, and aircraft — believed to have been acquired using proceeds from the anomalous projects.

“These freeze orders are powerful tools of government to ensure that stolen funds can be returned to the national treasury,” Andres said.

The investigation centers on flood control contracts that were paid despite “no actual structures erected,” with payments allegedly supported by falsified certificates of completion.

Andres also confirmed that resigned Ako Bicol Representative Zaldy Co is now facing new charges involving 16 additional transactions.

“The whistleblowers’ cooperation shows they are now part of the solution by exposing the masterminds above them,” Andres said. “At the end of the day, justice must come with restitution — there is no justice without the return of stolen public funds.”

The DOJ task force is coordinating with the Independent Commission for Infrastructure to consolidate findings.

“The people should be assured that this government has the laws, the institutions, and the resolve to hold everyone accountable,” Andres said. “We will not use this as a political weapon. We will use it to ensure justice.”