THE Philippine anti-graft body on Tuesday formally filed criminal charges for graft and malversation against a former lawmaker and several Public Works officials before the Sandiganbayan, marking the first batch of cases brought to the court amid the flood control project scandal.
The Office of the Ombudsman, through Assistant Ombudsman Jose Dominic F. Clavano IV, said the complaints were filed against former Party-list Rep. Elizaldy “Zaldy” S. Co, several officials of the Department of Public Works and Highways (DPWH) in Region IV-B (Mimaropa), including the Regional Director, assistant directors, project and materials engineers, and division chiefs, and the board of directors of Sunwest Corp. as private respondents.
The officials face charges of malversation of public funds through falsification of public documents, and violations of the Anti-Graft and Corrupt Practices Act (RA 3019). Mr. Co additionally faces charges for receiving unwarranted financial benefits.
The complaints stem from a P289.5-million road dike project along the Mag-Asawang Tubig River in Naujan, Oriental Mindoro, which the Independent Commission for Infrastructure (ICI) flagged for serious irregularities in procurement, construction, and implementation.
An inspection last Sept. 9, conducted by Public Works Secretary Vivencio B. Dizon and Oriental Mindoro Governor Humerlito “Bonz” A. Dolor, found that the steel sheet piles used for the dike were grossly below the required 12-meter specification, with embedded lengths totaling only about 3 meters. The material was also deemed substandard.
Mr. Clavano said the findings indicate a scheme that produced unwarranted benefits, technical falsifications, and misuse of public funds. Because the amount involved in malversation exceeds P8.8 million, the Ombudsman has recommended no bail for the malversation charges.
“This is the first case referred by ICI and the first to be filed in court,” Mr. Clavano told a press briefing. “It is also the first of many cases that will be filed. Several others are in the preliminary investigation and fact-finding stages. The Office of the Ombudsman will pursue these cases firmly, independently, and without fear or favor.”
Mr. Co, co-founder of Sunwest Corp. who divested his shares in 2019 to enter public office, resigned from Congress last September and reportedly went abroad initially for medical treatment. He later cited “credible and serious threats” to his life with his lawyer Ruy Alberto S. Rondain confirming he will not return, calling the proceedings an “unfair prosecution.”
The Ombudsman earlier confirmed that Mr. Co had waived his right to file a counter-affidavit after his staff reportedly declined to receive the official order. Mr. Rondain described the decision as strategic, alleging the Ombudsman may have already “prejudged” the case. Mr. Co has denied any wrongdoing.
He released a series of video statements over the weekend, breaking his months-long silence on the issue while implicating President Ferdinand R. Marcos, Jr., former House Speaker Ferdinand Martin G. Romualdez and now-resigned Budget Secretary Amenah F. Pangandaman.
The government is seeking to compel his return, with the Department of Justice (DoJ) requesting a blue notice from Interpol and planning to seek a red notice once the Sandiganbayan issues an arrest warrant for the non-bailable offense.
Malacañang assured the Philippine government will offer him protection, should he decide to return to the country.
In a briefing on Tuesday, Palace Press Officer Clarissa A. Castro said the government extends protection to “any Filipino” who faces threats to their safety, adding that the Office of the Ombudsman has also indicated its willingness to secure Mr. Co, who said he fears for his life should he return to the country.
“Any Filipino who returns to the country and says their life is in danger will be given government protection,” she told a press briefing in Filipino. “And based on what we’ve heard, the Office of the Ombudsman has also said it will protect him.”
The ICI welcomed the filing, which comes less than two months since it made its recommendation on Sept. 29. “Things moved swiftly, and now the case has reached the Sandiganbayan,” ICI Executive Director Brian Keith F. Hosaka said in a separate briefing on Tuesday. “Eventually, warrants of arrest will be issued, and these individuals will be brought to court.”
“The people are understandably impatient and frustrated, but we need to ensure that those responsible are properly held accountable,” added Mr. Dizon. He said that, unlike the “pork barrel” scandal, the current case has progressed to court at an unusually fast pace.
“Looking at the last major scandal, the Napoles case, it took almost a year from filing at the Ombudsman to cases reaching the Sandiganbayan and eventual arrests — from August 2013 to July 2014. This time, thanks to the thorough work of the ICI, DPWH, DoJ, and Ombudsman, it took less than two months for a case to be filed in court,” he said. — Erika Mae P. Sinaking with Chloe Mari A. Hufana
