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DOJ: Zaldy Co’s revelations won’t affect probe

Elizabeth Marcelo - The Philippine Star
DOJ: Zaldy Co’s revelations won’t affect probe
In this September 2023 photo, Rep. Elizaldy Co (Ako Bicol party-list) terminates the deliberation of the proposed budget of the Office of the President.
HREP

MANILA, Philippines — The revelations made by resigned congressman Zaldy Co, tagging President Marcos and former House speaker Martin Romualdez in the 2025 budget insertions will not affect the Department of Justice’s ongoing investigation, the DOJ spokesman said yesterday.

Raphael Niccolo Martinez said the DOJ’s timeline remains unchanged, noting that it aims to complete the preliminary investigation into at least five flood control projects in Bulacan within 60 days and issue a resolution by mid-December.

“Nothing will change in the course of the investigation because we will go where the evidence reaches… If it involves Zaldy Co, or whether or not it involves him, that is entirely dependent on what evidence we have on hand,” he added.

The DOJ yesterday formally opened its preliminary investigation into five flood control projects implemented by the Department of Public Works and Highways (DPWH)-Bulacan first district engineering office (DEO), particularly in the municipalities of Balagtas and Pandi.

More than 20 dismissed DPWH-Bulacan first DEO officials – including former district engineer Henry Alcantara, assistant district engineer Brice Hernandez and construction section chief Jaypee Mendoza – along with several private contractors, were named as respondents.

During preliminary investigation, respondents are formally notified of the allegations against them and are required to submit counter-affidavits and evidence. They may also be summoned for clarificatory hearings.

Respondents have until Nov. 24 to submit their counter-affidavits.

Martinez clarified that Co’s video statement cannot be considered by prosecutors unless it is formally submitted as evidence.

“Unless it was submitted as part of the evidence, we cannot consider it… Because, again, we are working with stringent rules of procedure here in accordance with the law. And the law says that only the evidence officially submitted will be considered (in resolving a complaint),” he said.

In a video statement, Co alleged yesterday that at least P100 billion in insertions were made in the 2025 General Appropriations Act for unprogrammed projects supposedly upon President Marcos’ order.

Meanwhile, in a related development, the Philippine Competition Commission (PCC) submitted to the DOJ three referral reports recommending the criminal prosecution of several DPWH officials over alleged bid-rigging in the awarding of flood control projects in Bulacan.

“Right now, we are looking at several contractors and public officials,” PCC competition enforcement office assistant director Genevieve Jusi said.

She declined to identify the officials, noting that the DOJ must first issue subpoenas.

Jusi confirmed, however, that the officials involved are former and incumbent personnel of the DPWH Bulacan first DEO.

Although copies of the reports were not made public, Jusi said the PCC found indications of collusion in at least three flood control contracts, in violation of Republic Act 10667 or the Philippine Competition Act.

“This is bid rigging. It involves the collusion of contractors and bidders to manipulate the result of the bidding. We saw indications of violation [of RA 10667] with the projects facilitated by the DPWH officials,” Jusi said.

DOJ Undersecretary Jesse Hermogenes Andres said the department will evaluate the referral reports to determine if a preliminary investigation is warranted.

“We will subpoena the respondents in due time when we are already ready to conduct the preliminary investigation,” he said.

“Before we conduct the preliminary investigation, we will evaluate the evidence submitted; if sufficient, we will eventually conduct the preliminary investigation,” he added.

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