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By Erika Mae P. Sinaking
THE Philippines’ Independent Commission for Infrastructure (ICI) on Wednesday suggested the initiation of administrative and criminal actions against legislators and public works officials associated with a multibillion-peso kickback scheme connected to flood control projects, marking one of the largest corruption investigations under the administration of President Ferdinand R. Marcos, Jr.
In a statement, the ICI noted its inquiry revealed “signs of collusion” among lawmakers, Department of Public Works and Highways (DPWH) officials, and private contractors in the creation and execution of flood control allocations within the national budget.
Included in the recommendation to the Office of the Ombudsman were Senators Joel J. Villanueva and Jose “Jinggoy” P. Estrada, resigned Party-list Rep. Elizaldy S. Co and former DPWH Undersecretary Roberto R. Bernardo.
The ICI also requested charges against a former Caloocan congresswoman and an Audit commissioner.
Mr. Villanueva refuted any wrongdoing, asserting that Senate records would demonstrate he had questioned flood control allocations that were never acted upon. “I have opposed flood control projects from the very beginning,” he informed reporters via a Viber message, adding that the testimony from a former DPWH engineer would bolster his defense.
“All of this, at the appropriate moment, will establish my innocence,” he further stated.
Mr. Estrada also dismissed the accusations, claiming he never accepted any kickbacks from the projects.
“The claims against me are entirely hearsay or based solely on speculation,” he declared in a statement in Filipino. “I will vindicate my name, and I am entirely confident that in due course, the truth will emerge.”
Mr. Co, who is abroad allegedly for a medical procedure, has denied allegations of misconduct, while Mr. Bernardo asserts he had no knowledge of nor involvement in the irregularities.
The ICI emphasized that its recommendation was grounded on preliminary findings, and determining responsibility will be the Ombudsman’s duty. “This action highlights the commission’s dedication to transparency and accountability in public infrastructure expenditures,” it stated.
If substantiated, these actions could constitute violations of the Anti-Graft and Corrupt Practices Act, Plunder Law, and bribery provisions of the Revised Penal Code, as well as administrative infractions of the Code of Conduct for Public Officials.
‘KICKBACK’ TRAIL
Sworn testimonies and documentary evidence from former DPWH engineers revealed that legislators endorsed or inserted flood control projects in the national budget from 2022 to 2025 in return for kickbacks ranging from 20% to 30% of project expenses, according to the ICI.
Payments were channeled through field engineers and cooperating contractors to secure project awards and facilitate financial releases, it indicated. The arrangement was characterized as a “systematic kickback arrangement,” with legislators functioning as project proponents and DPWH officials acting as intermediaries.
The scheme commenced at the budgeting phase when proposed projects were integrated into the National Expenditure Program (NEP), passed via the bicameral conference committee, and retained in the final General Appropriations Act (GAA).
Upon the release of funds, favored contractors allegedly returned portions to officials who endorsed project documents, variation orders, and disbursement vouchers. The ICI reported that numerous projects were fictitious, redundant, or excessively priced, diverting billions in public resources.
It provided examples in Bulacan, Pampanga, and Quezon City where allocations for 2023 and 2024 had “identical scopes” despite being awarded to different contractors.
The ICI reached its conclusions based on sworn testimonials and corroborative evidence from former DPWH engineers Henry C. Alcantara, Brice Ericson D. Hernandez, and Jaypee M. Mendoza.
During the filing with the Ombudsman, ICI Chairman Andres B. Reyes, Jr. identified John Carlo Rivera, a former public works project engineer, as a key intermediary who allegedly facilitated the transactions. Mr. Rivera was among 16 DPWH personnel suspended last month in connection with the same scandal.
Witnesses indicated that Mr. Rivera communicated project lists compiled by DPWH engineers to regional offices or lawmakers, after which summaries were gathered and contractors were selected. Allegedly, kickbacks were issued in two installments — an initial 10% advance upon NEP approval and the remaining 15% following GAA enactment.
“If the insertions were incorporated into the GAA, the entire 25% special allotment portion is granted to the proponent,” Mr. Reyes explained. “This 25% payment is advanced by the contractor to guarantee that the project will be awarded to them.”
He stated that the pattern indicated “an entrenched culture of fund manipulation” within infrastructure budgeting.
“We will continue to investigate, pursue the evidence, and file charges against every last individual involved,” Mr. Reyes promised. “Justice will not be postponed this time. This is our commitment to our countrymen.”
The filing represents the ICI’s second submission to the ombudsman and arises seven weeks after the commission was established. Since commencing its investigation on Sept. 19, the body has summoned multiple witnesses, created a technical working group to expedite fund recovery, and confirmed over 421 ghost flood control projects nationwide.
The commission has also collaborated with the Philippine National Police for site inspections and is working towards reforming the licensing of government contractors.
On Tuesday, ICI Executive Director Brian Keith F. Hosaka indicated that the organization is assessing the rules for livestreaming sessions to enhance transparency. However, he mentioned that additional powers — such as the authority to cite uncooperative witnesses for contempt — might necessitate legislation.
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