DPWH files graft raps vs engineers, contractors at Ombudsman

MANILA, Philippines — The Department of Public Works and Highways (DPWH) has filed several cases against its officials and government contractors.

The DPWH filed cases against several individuals allegedly involved in corruption related to flood control projects on Thursday, September 11, before the Office of the Ombudsman.

The charges filed against the officials and contractors are the following:

• Alleged violations of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act
• Article 217 of the Revised Penal Code, or Malversation of Public Funds, in relation to
• Article 171 of the Revised Penal Code, or “Falsification by public officer, employee or notary or ecclesiastic minister”
• Republic Act No. 9184, or the Government Procurement Reform Act and other applicable laws 

Among those included in the complaint are officers of the Bulacan first district engineering office:

• Former District Engineer Henry Alcantara
• Former Assistant District Engineer Brice Ericson Hernandez
• Construction Section Chiefs Jaypee Mendoza and John Michael Ramos
• Planning and Design Section Chief Ernesto Galang
• OIC Maintenance Section Chiefs Lorenzo Pagtalunan and Jaime Hernandez
• Quality Assurance Section Chief Norberto Santos
• Administrative Section Chief Floralyn Simbulan
• Finance Section Chief Juanito Mendoza
• Budget Unit Head Roberto Roque
• Procurement Unit Head Benedict Matawaran
• Cashier Christina Mae Pineda
• Project Engineers Paul Jayson Duya, Merg Jaron Laus, Lemuel Ephraim Roque, Arjay Domasig, John Carlo Rivera, John Benex Francisco, and Jolo Mari Tayao

The agency also filed complaints against six contractors, including St. Timothy Construction, owned by Pacifico and Sarah Discaya.

“The contractors charged with related violations of the law are the following: Sally N. Santos of SYMS Construction Trading; Mark Allan V. Arevalo of Wawao Builders; Ma. Roma Angeline D. Rimando along with beneficial owner Cezarah Rowena C. Discaya of St. Timothy Construction Corp.; and Robert T. Imperio and IM Construction Corp.,” the DPWH’s statement said in Filipino.

The agency seeks to conduct a preliminary investigation to determine if there is probable cause to file charges against the respondents in the Sandiganbayan or the appropriate court.

The agency also requested that the Ombudsman issue subpoenas to various entities, including DPWH district offices, contractors and banks, to obtain financial records and evidence.

The agency also asked the Ombudsman to preserve electronic data and invoked its authority to refer parallel forfeiture proceedings to the Anti-Money Laundering Council to investigate potential violations of the Anti-Money Laundering Act.

What are the agency’s findings? According to the DPWH’s complaint, its internal audit service revealed “a consistent pattern of fraudulent misrepresentation, falsification, collusion and blatant disregard of COA (Commission on Audit) regulations” across multiple contracts in the Bulacan 1st District Engineering Office.

“The IAS found that certifications of project accomplishment were issued and payments were authorized despite incomplete, defective, or unperformed works. Project logbooks and supporting documents were missing or grossly inadequate,” the complaint read.

“Variation Orders were undated, irregularly processed, or absent. Performance securities and surety bonds were insufficient or improperly verified. Despite these violations, funds were released,” it added.

The DPWH added that the audit found that officials, including Alcantara and his assistant Brice Hernandez, systematically prepared and approved falsified documents, such as accomplishment reports and certificates of completion, despite clear deficiencies and missing records.

This scheme, which involved specific DPWH officials and contractors like Wawao Builders, IM Construction Corp. and SYMS Construction Trading, resulted in fraudulent fund releases and undue benefits to the private firms.

“Through their concerted acts, these officials conspired with contractors (Wawao Builders, IM Construction Corp., SYMS Construction Trading) to facilitate fraudulent fund releases, causing undue damage and injury to the government and granting unwarranted benefits to the contractors,” the complaint read.