The Sandiganbayan has denied the plea of seven Department of Public Works and Highways (DPWH) officials, who were ordered arrested for alleged involvement in the flood control scam, to suspend the enforcement of the warrant or dismiss the case on the grounds that it was filed “prematurely” by the Ombudsman.

The law firm Lim & Yutatco-Sze petitioned the Sandiganbayan Fifth Division to hold in abeyance the issuance of warrants against its clients, accusing the Ombudsman of “blatant violation of their right to due process.”

The law firm represents DPWH Region IV-B Assistant Regional Directors Gene Ryan Altea and Ruben Santos Jr.; Construction Division Chief Dominic Serrano; Planning and Design Division OIC-Chief Montrexis Tamayo; Maintenance Division Chief Juliet Calvo; Quality Assurance and Hydrology Division OIC-Chief Dennis Abagon; and Accountant IV Lerma Cayco.

There are 10 others subject to warrants issued on Friday, including the principal accused, former Ako Bicol Rep. Elizaldy Co, who remains abroad, and the board of directors of Albay-based construction firm Sunwest Inc., reportedly owned by Co.

The respondents were indicted for one count each of the Anti-Graft and Corrupt Practices Act (RA 3019) and malversation of public funds through falsification of public documents.

The Sandiganbayan Fifth Division handles one graft case, while the malversation and the other graft case were raffled to the Sixth and Seventh Divisions, respectively.

Alleged substandard project

The cases concern the allegedly grossly substandard flood control project in Mag-asawang Tubig River in Naujan, Oriental Mindoro, with a contract of P289.5 million.

The project was awarded to Sunwest, which has long been linked to Co, despite his claim that he divested from the firm when he entered Congress in 2019. Co was accused of receiving unwarranted financial or pecuniary benefits.

These were the first batch of cases related to fraudulent flood control projects filed by the Ombudsman to the Sandiganbayan earlier this week, following nearly two months of investigation.

The Ombudsman adopted findings from the Independent Commission for Infrastructure (ICI) that the materials used, including steel sheet piles, were grossly below required standards.

The DPWH officials disputed ICI’s findings, arguing that the road dike is still under construction, with 92.30 percent physical accomplishment and 85.03 percent of the contract price paid.

“Accused argue that, given the project's ongoing status, it is premature and erroneous to conclude that the government has suffered actual damage. Therefore, the filing of the information for violation of Sec. 3(e) of RA No. 3019 is also premature,” the petition reads.

Procedural irregularities

The DPWH officials cited alleged procedural irregularities by the Ombudsman, including failure to furnish copies of its resolution prior to filing, which they said prevented them from filing a motion for reconsideration.

“From the foregoing, accused movants pray that the court refuse to act on the information filed against them or at the very least, hold in abeyance the issuance of warrants of arrest as against them or dismiss the case altogether for lack of probable cause,” the petition added.

The Ombudsman stood by its findings, asserting that the project was substandard and incomplete, in violation of the government contract. It also noted that a motion for reconsideration is not part of due process during preliminary investigation, citing a Supreme Court ruling.

Sandiganbayan ruling

Concurring with the prosecution, the Sandiganbayan Fifth Division found the petition to halt the warrant “clearly without legal merit.”

The anti-graft court’s 21 November resolution stated that it can only suspend criminal proceedings if there is doubt about probable cause, which was not found in this case.

As a result, the issuance of the warrant against the seven DPWH officials shall be enforced. Ombudsman Jesus “Boying” Remulla ordered authorities to implement the warrants without delay following President Marcos Jr.’s announcement of the court’s verdict.

Background on Sunwest

In August, Marcos named Sunwest among the top 15 contractors that secured P100 billion in flood control projects. A review of the “Sumbong sa Pangulo” website shows Sunwest won nearly 80 projects worth over P10 billion from 7 July 2022 to May 2025.

Sunwest had the most projects in Romblon (18), Leyte (11), Camarines Sur (10), Oriental Mindoro (9), Occidental Mindoro (7), Surigao del Sur (7), Albay (5), Marinduque (3), Catanduanes (2), Antique (2), Davao del Sur (1), and Guimaras (1).

Co, former chairman of the House Committee on Appropriations, accused Marcos of receiving P25 billion in alleged kickbacks from the P100 billion in 2025 budget insertions.

The former lawmaker was reportedly last seen in Japan, according to the Department of the Interior and Local Government on Friday. He left the country in July to seek medical treatment in the United States and has resisted returning, citing threats to his life.