The culling has started as the Department of Justice (DoJ) confirmed on Friday that the National Bureau of Investigation (NBI) has recommended the prosecution of several lawmakers, former public works officials and private individuals linked to anomalous flood control projects.
Those the NBI recommended for prosecution are Representative Elizaldy S. Co, Senator Francis “Chiz” Escudero, Senator Joel Villanueva, Senator Jinggoy Estrada, and former senator Ramon “Bong” Revilla Jr.
Also facing charges are one alias Beng Ramos, an alias Mina, former Rep. Mitch Cajayon-Uy, Maynard S. Ngu, Carleen Y. Villa, former DPWH undersecretary Roberto R. Bernardo, ex-district engineers Henry C. Alcantara, Brice D. Hernandez, Jaypee D. Mendoza and Arjay D. Domasig; John Carlo Rivera, Linda “Victoria” Macana, CPA Juanito Mendoza, Sally Nicolas Santos, Jesse Mahusay, and an alias Andrei Balatbat.
Conspicuously missing was former Senator Nancy Binay who was named by Bernardo but was not included in the list. DoJ spokesperson Assistant Secretary Mico Clavano said there was a “direct line” only to Villa, a supposed trusted staffer of Binay.
“The line to Senator Binay is still being built,” Clavano said.
He said the NBI was evaluating other individuals for the filing of charges.
The complaints against them will be based on sworn affidavits executed before the DoJ and the NBI that will be forwarded to the National Prosecution Service (NPS) for a case buildup.
The DoJ said the testimonies of Alcantara, Hernandez, Mendoza, and Bernardo, who directly identified the personalities allegedly involved during sworn proceedings, will also form the basis of the charges.
DoJ won’t blink
Justice Secretary Jesus Crispin Remulla stressed that no position or influence would shield anyone from accountability.
“The DoJ will not blink. We will see this through to its rightful conclusion, guided only by the evidence, sworn testimonies, and the dictates of justice,” he said.
The DoJ said it is prepared to turn over the files and supporting documents to the Independent Commission for Infrastructure (ICI) for an impartial review of all the evidence, emphasizing that inclusion in the recommendation was based solely on sworn testimonies and not speculation.
Remulla said freeze orders and immigration lookout bulletin orders have also been requested for the individuals covered by the complaints.
Interpol notice for Co
Clavano said Representative Co will be the subject of an Interpol Blue Notice.
“Yes, I confirm this,” he said, adding,” The SoJ has given instructions to apply for a Blue Notice from Interpol. This is based on the investigation of the Blue Ribbon Committee as well as the NBI recommendation to prosecute.”
Anatomy of corruption
Meanwhile, Bernardo had related how the corruption occurred, which allegedly started with the National Expenditure Program, or NEP, the national budget proposed by the President.
“Sometimes, district engineers come to us, offering lists and asking for lists. In the past, they would enter the NEP. The congressmen, I know, are the speakers of the district engineers here. There are also people from different places who come from different districts,” he said.
“Sometimes, the funds are increased in the House General Appropriations Bill (HGAB) because we are suddenly surprised when it comes to the HGAB,” Bernardo said, adding that insertions were also done in the bicameral conference committee.
“Sometimes, we only have 80 percent of projects or those P150 million and below are left to the autonomy of a district office that has the power to bid out, implement, and collect without any knowledge of the central office,” he said.
“As far as I know, almost 100 percent of the bids are rigged because our district engineers and regional directors are forced to do it,” he added.
Since the DPWH district office has autonomy, it can get away with ghost projects, according to Bernardo.
Contractor in WPP
In other developments, Sally Santos, owner of SYMS Construction, has been provisionally admitted to the DoJ’s Witness Protection Program (WPP) as the investigations into anomalies in flood control projects continue, her lawyer confirmed.
Bernard Jonathan Gatchalian, Santos’ lawyer, said they welcomed the DoJ’s decision and expressed optimism his client would soon have permanent coverage under the program.
“Actually, now we are happy. We are provisionally admitted to the Witness Protection Program of the DoJ. We are hoping to be given permanent protection,” Gatchalian said.
He said Santos had submitted her sworn statement at the Senate earlier that was turned over to the DoJ.
Clavano said that aside from Santos, contractor-couple Curlee and Sarah Discaya also showed up at the DoJ but he did not disclose details of the meeting.
Other protected witnesses
The others who applied for inclusion into the WPP were ex-DPWH officials Bernardo, Alcantara, and Hernandez, and the Discaya couple.
Justice Undersecretary Jesse Andres clarified they had only been admitted as protected witnesses to ensure their safety while they cooperate with the ongoing investigation.
“At present, they are only considered protected witnesses,” Andres said in an interview. “They are under our protection so they can testify safely, but they have no criminal immunity. Their testimonies may still be used against them while we continue to evaluate their accounts.”
Andres explained that admission as a state witness requires compliance with five conditions: the case must involve a grave felony, the testimony must be essential, there must be no other direct evidence, the witness must not appear to be the most culpable, and the individual must return any illegally obtained funds or property.