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MANILA, Philippines — It was a busy second half of the year for the Office of the Ombudsman following the flood of complaints, reports and referrals seeking an investigation into the multibillion-peso flood control scam – widely regarded as the biggest corruption scandal so far under the Marcos administration.
When reports of the diversion of public funds to alleged ghost flood control projects began dominating headlines in the latter half of the year, the ombudsman’s office was without a permanent head, following the end of Samuel Martires’ seven-year term on July 27.
Ombudsman Jesus Crispin Remulla formally assumed office on Oct. 10 and promptly vowed a thorough probe into the alleged anomalies.
He also reversed policies of his predecessor Samuel Martires, notably allowing the release of public officials’ statements of assets, liabilities and net worth.
He said the investigation would take its cue from reports and recommendations submitted by the Independent Commission for Infrastructure (ICI), Commission on Audit (COA), and Department of Public Works and Highways (DPWH) Secretary Vince Dizon.
Remulla, a former justice secretary, also deputized prosecutors from the Department of Justice to conduct preliminary investigations into several flood control projects in Bulacan involving public officials with Salary Grade 26 or below.
Earlier, Remulla told reporters that his office intended to file 14 to 15 flood control-related cases before the end of the year, echoing President Marcos’ earlier statement that some ranking officials could be spending Christmas behind bars.
In a November interview, Remulla said senators Francis Escudero, Jinggoy Estrada and Joel Villanueva, along with former senators Ramon Revilla Jr. and Nancy Binay, were among those expected to be charged by December.
He added that arrest warrants could possibly be issued by the Sandiganbayan before Christmas, specifically on Dec. 15 or 16.
This, however, did not materialize.
Still, the ombudsman managed to file two sets of cases linked to the flood control scam, although none involved incumbent or former senators or top-ranking government officials.
The first batch of cases was filed before the Sandiganbayan on Nov. 18 against fugitive former congressman Zaldy Co, 10 officials of DPWH Region IV-B, and five executives of Sunwest Inc.
The cases involve charges of graft and non-bailable malversation of public funds through falsification of public documents over an alleged P289.5-million substandard flood control project along the Mag-Asawang Tubig River in Naujan, Oriental Mindoro. The project was awarded to Sunwest Inc., which authorities say was co-owned by Co.
Of those charged, nine DPWH Region IV-B officials are currently detained. Co, DPWH Region IV-B materials engineer Timojen Sacar, and Sunwest executives – company president and board chair Aderman Alcazar, treasurer Cesar Buenaventura, and board members Consuelo Aldon, Noel Yap Cao and Anthony Ngo – remain at large.
The Philippine National Police-Criminal Investigation and Detection Group said two Sunwest executives have sent surrender feelers.
The second batch of cases was filed on Dec. 5 before the Regional Trial Court of Malita, Davao Occidental, and later transferred to the RTC in Lapu-Lapu City, Cebu.
These cases also involve charges of graft and malversation through falsification, this time over an alleged P96.5-million ghost flood control project in Davao Occidental awarded to St. Timothy Construction Corp., owned by contractor Sarah Discaya.
Aside from Discaya, the accused include Ma. Roma Angeline Rimando of St. Timothy Construction Corp. and eight officials of the DPWH Davao Occidental District Engineering Office. All are currently detained at the Lapu-Lapu City Jail.
Strong cases
Despite falling short of his earlier target, Remulla has assured the public that the cases filed by his office are strong enough to withstand trial and lead to convictions.
“Of course, our standard here is ‘reasonable certainty of conviction.’ So, if once we push through (with the filing), we are looking at conviction as the result of our efforts. And of course, conviction means jail terms,” Remulla said.
In a forum organized by the international research organization Stratbase ADR Institute on Nov. 21, Remulla said the ombudsman is also preparing to pursue wealth forfeiture cases against those implicated in the scam.
“I think that we will be using a law that is meant to forfeit illegally acquired property,” Remulla said, referring to Republic Act 1379, which allows the forfeiture in favor of the state of ill-gotten wealth amassed by public officials and employees.
Meanwhile, Assistant Ombudsman Mico Clavano said the office is taking its time to build airtight cases against alleged project proponents or those believed to have inserted funds for flood control projects in exchange for kickbacks.
“We are no longer just after documents or signatures, what we are looking for now are object evidence such as CCTV footage, screenshots of messages, call logs. We will look into all of that (object evidence), because that’s how it is, proponents usually act covertly,” Clavano said in a mix of English and Filipino during a Dec. 19 press briefing.
“We are not after headlines here. This is not just for Instagram or TikTok. We are after true justice, true accountability,” he added.
Clavano on Monday said the ombudsman, together with the DPWH, COA and the PNP Anti-Cybercrime Group, will soon conduct a digital forensic examination of the hard drive or CPU of the computer of the late DPWH undersecretary Maria Catalina Cabral.
The examination aims to retrieve and authenticate files allegedly detailing budget insertions for flood control projects.
With this, the ombudsman is expected to be even busier this year amid speculation that the ICI – a special body created by President Marcos to investigate the scam – may soon cease operations following the successive resignations of its two commissioners.
“Whether this signals the end or a transition phase of the ICI, the Office of the Ombudsman will remain steady in its pursuit of credible and hard evidence, quality cases, and real accountability,” Clavano said in a press statement last Saturday.
“It is only a matter of time before we see more cases filed in court – many upon the recommendation of the ICI,” he added.
