The accusation that Leyte 1st District Rep. Martin Romualdez was one of the "masterminds" behind the multibillion-peso flood control scandal is a "convenient excuse" unsupported by evidence, his lawyer said.

Atty. Elaine Atienza, spokesperson and legal counsel for Romualdez, strongly rejected the Office of the Ombudsman's claim that her client orchestrated alleged anomalies in infrastructure projects because of his former role as House speaker.

Atienza disputed the allegation that Romualdez controlled the national budget process, arguing that budget preparation and approval involve multiple government agencies and institutions rather than a single individual.

"The latest attempts to link Rep. Martin Romualdez to alleged anomalous flood control projects are not supported by evidence. They do not square with how the national budget actually works," she said.

She noted that Romualdez has never been implicated in official investigations conducted by either the House of Representatives or the Senate, nor has he been identified in testimonies by former and current Department of Public Works and Highways (DPWH) officials.

Atienza also stressed that the National Expenditure Program (NEP) is prepared by executive agencies, including the DPWH and the Department of Budget and Management (DBM), while Congress is responsible only for deliberating on and approving the proposed budget.

"The Speaker cannot command the DPWH secretary. He cannot command the DBM or the Senate. And he most definitely does not plan the projects, conduct the bidding, award the contracts, inspect the projects, or release the funds," she said.

She argued that the Ombudsman's theory suggests the entire government is controlled by one individual, disregarding the independent functions of the executive and legislative branches.

Atienza said accountability should not come at the expense of due process.

"In seeking justice, the accusation cannot come before the evidence. In law, it is the evidence that points to who should be held accountable," she said.

Her remarks came after the Office of the Ombudsman said it was preparing a "grand case" against Romualdez, alleging he conspired in the flood control controversy and was the "root cause" of the alleged scheme.

To strengthen its case, the Ombudsman designated former DPWH Secretary Manuel Bonoan as a state witness, saying he has firsthand knowledge of how the alleged scheme operated.

Assistant Ombudsman Mico Clavano earlier said the agency is conducting a thorough investigation into Romualdez, whom it believes played a significant role in influencing the DPWH budget.

"In this scheme, we know that lawmakers are the ones calling the shots... the former House Speaker may have had a big role to play when we talk about percentages," Clavano said.

Clavano said the Ombudsman decided to drop plunder and graft charges against Bonoan in exchange for his testimony, believing it would help build what he described as a "historical" case.

"You have somebody who was charged already with plunder, and you have another case which could change the history of the Philippines because we are trying to exact accountability for one of the biggest heists of our budget," he said.

The Ombudsman has also said Bonoan's testimony could be used in other flood control cases to strengthen future prosecutions.

Bonoan remains confined at the Philippine National Police General Hospital while under detention due to medical complications related to hypertension and diabetes.