Ex-DPWH usec eyed vs budget insertion proponents

MANILA, Philippines — Former public works undersecretary Roberto Bernardo is being eyed as a witness against the proponents in Congress of the budget insertions for anomalous flood control projects, Assistant Ombudsman Mico Clavano confirmed yesterday.

At a press briefing, Clavano said that while it is easier to prove the liabilities of the district engineers allegedly involved in the substandard and ghost flood control projects, the ombudsman intends to go after the higher-ups, particularly those in Congress.

“When we talk about ghost projects in Bulacan, we can easily find evidence… But the legal theory tends to change when you’re talking about including the proponents in such a large-scale (scam). We all know, and it has been revealed in several statements and testimonies of witnesses and respondents, that it is a systematic thing in Congress,” Clavano said, referring to the budget insertions for flood control projects.

Clavano said Bernardo’s testimony would be crucial in establishing Congress’ “systematic approach” in inserting allocations for flood control projects of the Department of Public Works and Highways (DPWH).

“We can assume that at the heart of it (budget insertions) is the appropriations committee. This is where the approval of budget happens before going to the bicameral committee. So that is one thing that we want to clarify with Usec. Bernardo – kung ano ba talagang naging sistema diyan sa taas (what really was the system up there),” Clavano added.

Ombudsman Jesus Crispin Remulla last week said that resigned congressman Zaldy Co, the former chairman of the House of Representatives appropriations committee, is among the first batch of individuals likely to be charged before the Sandiganbayan in connection with flood control corruption.

Clavano said the ombudsman and the Department of Justice are still gathering testimonial and material evidence to build strong cases against those involved in the anomalies, especially higher ranking officials.

“It is not enough that only the district engineers and assistant engineers will be put to jail. We all know that we are facing a bigger problem here. It can’t just be these district engineers and the assistant district engineers,” Clavano said in English and Filipino.

He also made it clear there is “absolutely no chance” now for contractor spouses Curlee and Sarah Discaya to be state witnesses, saying it is almost certain that they are among the first to be charged in court.

“The Discayas, due to their uncooperative behavior now, there’s absolutely no chance that they can even become state witnesses anymore,” Clavano said.

“They are deemed to be hostile witnesses and can only be charged in the case of malversation of public funds, falsification of public documents and all the other crimes that they were a part of,” he added.

The Discayas, through their lawyer, earlier said they would no longer cooperate in the ongoing investigation of the Independent Commission for Infrastructure (ICI) on the flood control anomalies.

Clavano said that with the Discaya couple’s refusal to cooperate, the DOJ will no longer consider them as protected witnesses.

“I don’t think that they are in any position to bargain with the government. It’s beyond that already because of the evidence that we discovered against them,” Clavano said.

“Let’s just see. I think the ombudsman is ready, willing and capable to go after them as of now,” he added.

Ombudsman has ‘renewed vigor’

Meanwhile, with his “second chance in life” after recovering from cancer, Remulla has a renewed vigor to run after corrupt officials, the Office of the Ombudsman clarified yesterday.

“The ombudsman is in good health and continues to perform his duty with full vigor and dedication. The ombudsman is already free of cancer. He has been cancer-free for the past year and a half,” the Office of the Ombudsman said in Filipino in a press statement.

“He regularly exercises every morning before going to the office to maintain a healthy lifestyle,” it added.

It said Remulla is in a better health condition to perform his duties and is more determined to run after those responsible for the flood control project anomalies.

“We assure the public that the ombudsman is determined to hold those responsible in the issue of flood control accountable – and he is in a better condition now to do that,” the ombudsman said.

“His second chance in life gives him the determination and resolve to do things without fear or reservation,” it added.

The Office of the Ombudsman issued the statement after Remulla, in an interview with journalist Luchi Cruz-Valdes Friday night, revealed that he was diagnosed with blood cancer or leukemia sometime in 2023 while recuperating from his quintuple bypass surgery due to blockage in the heart.

“His recent statement about his health was in the past tense because he was referring to his experience before his appointment as the ombudsman,” the Office of the Ombudsman said.

In his interview, Remulla said he had to undergo cancer treatment which included two cycles of chemotherapy, total body irradiation and bone marrow transplant, a type of stem cell treatment which replaces unhealthy bone marrow cells with healthy ones.

Remulla said his son was his bone marrow donor.

“We were fully matched. That’s how I was able to recover, and the prognosis has been good so far,” Remulla said in Filipino.

Asked if there was a time that he thought he was about to die, Remulla said: “I refused to think of it that way. My thought is that ‘tomorrow is another day.’ Get through the night, just get through the night and when you wake up in the morning, it’s another day given to you. Just live by the day…

“Perhaps, I still need to do a lot of things in this world, that’s why I continue to recover,” Remulla added.

Martires may be held liable if…

Meanwhile, Martires could still be held liable if it would be proven that he ruled on Sen. Joel Villanueva’s motion for reconsideration on his dismissal case beyond a “reasonable time,” according to former Supreme Court associate justice Adolf Azcuna.

Azcuna said that while he found it unusual that Martires’ decision was not publicized, it could still be considered valid if it was attached to the rollo or archive, which is open to the public.

If it is in the archive, Azcuna said the decision cannot be considered a “secret” since the archive is open to the public and the ombudsman does not have to publicize every decision “and it is a matter for the public to keep track of as long as it is not a secret document.”

Azcuna, however, said that there may be a violation of a constitutional provision if Martires decided on the case beyond the “reasonable” time limit which, he said, could be two years.

“It does not affect the validity of the decision, it only makes the person deciding liable for possible administrative violation of a time limit for deciding cases,” he said, adding that the longest time limit for a court to render a decision on a case is two years, which is applicable to the Supreme Court.

And while the time limit required of courts is not applicable to the ombudsman which is not a court, the latter, he said, should render a decision within a reasonable time, or at least two years.

“The decision beyond the time limit is still valid. It only makes the judge liable for violating the time limit,” Azcuna said in an interview over ANC’s “Headstart.”

Azcuna said that if found liable, Martires may be penalized with forfeiture of his retirement benefits.

In 2016, Martires’ predecessor, Conchita Carpio Morales, ordered Villanueva dismissed from service after finding him liable for the misuse of his P10-million Priority Development Assistance Fund or pork barrel. The decision was released in 2008 when Villanueva was a representative of the CIBAC party-list.

Martires’ successor Remulla earlier said he would seek to implement Villanueva’s dismissal but it was later revealed that the lawmaker’s expulsion had been reversed in 2019 by what Remulla called a “secret decision” by Martires. — Daphne Galvez