Amid Floodgate, ‘Boying’ sets shorter probe timelines

Even as complaint-referrals related to the so-called “Floodgate” scandal remained pending, Ombudsman Jesus Crispin “Boying” Remulla has issued revised rules of procedure imposing fixed timelines for fact-finding investigations and preliminary investigations of criminal, administrative and forfeiture cases.

Remulla’s Administrative Order 1, dated 19 January 2026, was published in three newspapers and would take effect after publication. But political observers see it as “too little, too late.”

Under the order, fact-finding investigations should not exceed 60 days for simple cases and 90 days for complex cases. Extensions may be granted for justifiable reasons with written approval from the Ombudsman or a deputy ombudsman.

Case complexity will be determined by the number of respondents, number of offenses charged, volume of documents, geographical coverage and the amount of public funds involved — factors present in large-scale infrastructure cases.

If investigators find sufficient basis, they must recommend the filing of appropriate charges. Otherwise, they must recommend termination of the probe. Investigators may also recommend referral to Congress for impeachment proceedings, if warranted. Fact-finding investigations remain confidential.

The order also sets a 30-day deadline for investigating officers to submit findings once a docketed case is submitted for resolution at the preliminary investigation stage.

Upon receipt of records, the investigating officer must issue an order within five days directing the respondent to submit a counter-affidavit within 15 days. The complainant may file a reply within five days.

If the respondent fails to submit a counter-affidavit despite due notice, cannot be served or refuses to receive the order, the case will be deemed submitted for resolution based on the evidence on record.

No big fish 

Within 30 days from submission for resolution, the investigating officer must forward findings and recommendations, along with the information, to proper authorities. No information or petition for forfeiture may be filed in court without the Ombudsman’s written approval.

The revised timelines come nearly 200 days after President Ferdinand Marcos Jr. publicly rebuked officials over alleged anomalies in flood control projects. 

Since then, an infrastructure review body has referred 65 individuals to the Ombudsman and 66 others to the Department of Justice for possible immigration lookout measures, including several high-profile names.

While 16 contractors have been blacklisted and more than 60 others placed under investigation, no senior elected official has been charged, except for former Senator Bong Revilla Jr.

No less than the Senate Blue Ribbon Committee chaired by Senator Panfilo Lacson has practically cleared former Senate President Chiz Escudero and former House Speaker Martin Romualdez of having a hand in the flood-control scandal. 

Lacson said they are continuing with the probe but that so far, no solid evidence linked Escudero and Romualdez to the discredited projects.

Earlier, labor groups said the controversy had ripple effects beyond the legal arena. An estimated 100,000 construction workers were displaced after projects were suspended or permits canceled. 

Likewise, government data showed construction permits and project values declined in the months following the controversy, while unemployment ticked up in 2025.