MANILA, Philippines — The Office of the Ombudsman has filed before the Sandiganbayan its first cases related to anomalies in flood control projects, with resigned congressman Zaldy Co as one of the respondents.
One count of malversation and two counts of graft were lodged against Co, former officials of the Department of Public Works and Highways (DPWH) Region 4 and executives of construction firm Sunwest Inc. over the P289.5-million road dike along Mag-Asawang Tubig River in Naujan, Oriental Mindoro.
The charges are for malversation of public funds through falsification of public documents involving over P8.8 million – a non-bailable offense that can warrant life in prison under Article 217 in relation to Article 171(4) of the Revised Penal Code – and violation of Section 3(e) and 3(h) of the Anti-Graft and Corrupt Practices Act or Republic Act 3019.
Assistant Ombudsman Dominic Clavano III, a panel of ombudsman prosecutors has recommended no bail for the malversation charge because the amount malversed exceeded P8.8 million.
Clavano said Co is charged with violation of Section 3(h) of RA 3019 for “receiving unwarranted finan cial or pecuniary benefits.”
Arrest, passport cancellation
The panel of prosecutors has also filed a motion for the urgent issuance of arrest warrants and hold departure orders against the respondents.
“It is the first case to be filed in court. This is the first of many cases that will be filed in court. There are several cases in the preliminary investigation stage and more in the fact-finding stage,” Clavano said.
The cases stemmed from the complaint filed on Sept. 29 by the Independent Commission for Infrastructure (ICI). The ICI recommended the filing of criminal and administrative charges against Co as well as against DPWH and Sunwest officials over the alleged irregularities in the project, including the use of steel sheet piles that were found to be “grossly below the required standards” and did not meet the 12-meter specification.
“These findings point to a scheme that resulted in unwarranted benefits, technical falsification and the misuse of public funds,” Clavano said.
The project was funded under the 2024 national budget with the DPWH-Mimaropa Region 4B as the implementing agency.
It was awarded to Sunwest on Feb. 14, 2024, followed by the issuance of a notice to proceed on March 2, with contract duration of 360 days.
The ICI said the project was only 92 percent finished and the use of substandard steel sheet piles for it could potentially lead to government losses of over P63 million.
According to ICI’s report, Co allegedly received “unwarranted benefits” from the construction projects of Sunwest, a project contractor linked to him. He may have retained beneficial ownership over the firm even after he became congressman, according to the report.
It added that all responsible DPWH officials who made progress payments to Sunwest possible through the issuance of false certifications and affixing of their signatures of approval may be held liable for criminal and administrative penalties.
“The Office of the Ombudsman assures the Filipino people that we will pursue this case firmly, independently and without fear or favor. Public funds were meant to protect communities from flooding – not to enrich officials or private contractors. Those responsible will be held to account,” Clavano said.
This is the first known case related to the flood control mess that reached the courts.
Co is being accused of proposing billions of pesos in insertions in the 2025 national budget that funded allegedly anomalous flood control and other infrastructure projects.
‘Credible’ story
Remulla told “Storycon” on One News yesterday that probers are vetting the sworn account of former DPWH undersecretary Roberto Bernardo. He said Bernardo’s narrative appeared credible.
“Let us follow where it may lead. That is the mandate given to us and we will investigate and prosecute when the evidence shows liability,” Remulla said.
He said some of Bernardo’s statements matched what he had long found “suspicious,” noting that certain individuals allegedly interfered in too many matters.
The ombudsman also said he may seek at least five additional Sandiganbayan divisions in anticipation of a surge in cases.
Cases against senators and more congressmen are being thoroughly prepared, Remulla said. —Mark Ernest Villeza
