ICI seeks charges vs. Bonoan, two former colleagues

Metro Manila, Philippines - The Independent Commission for Infrastructure (ICI) has recommended to the ombudsman the filing of administrative charges against former Public Works Secretary Manuel Bonoan - the highest appointed official in the flood control scandal - for failing “to exercise simple diligence tantamount to fraud” in relation to a non-existent multimillion-peso project in Plaridel, Bulacan.

In the report submitted by the ICI to the ombudsman on Tuesday, Nov. 4, the ICI said Bonoan – with former Department of Public Works and Highways undersecretaries Roberto Bernardo and Maria Catalina Cabral – may have committed grave misconduct, gross dishonesty, conduct prejudicial to the best interest of the service, and violation of the code of conduct and ethical standards for public officials and employees in the project worth P72 million.

“The above-described scheme perpetrated by senior DPWH employees was made possible because Secretary Bonoan betrayed such trust reposed on him. He miserably failed to exercise simple diligence tantamount to fraud in ensuring the judicious use of public funds entrusted to DPWH,” the ICI report read.

In a press briefing, Ombudsman Jesus Crispin “Boying” Remulla said Bonoan should have made sure that projects were carried out properly.

The ICI said Bernardo and Cabral – who used to head operations and planning, respectively – were “in the know of the activities of senior DPWH officials and responsible for the overall economical, efficient and effective administration of public funds.”

ICI Chairman Andres Reyes said based on the Commission on Audit report, there was no riverbank protection structure in the designated location in the approved bid plan despite full payment by the DPWH to the contractor, Topnotch Catalyst Builders Inc. – one of the top 15 firms that bagged the most number of projects in the last three years.

“The structure was supposedly relocated to the site identified as staked or as built plans ... the COA observed that this deviation was not supported by sufficient documentary paperwork to justify or authorize such relocation,” said Reyes in an earlier briefing.

The commission also recommended administrative charges against the following former DPWH officials:

+ Henry Alcantara, former Bulacan 1st district engineer

+Brice Hernandez, former Bulacan 1st district assistant engineer

+ Ernesto Galang, former Bulacan 1st district planning and design chief

+ Jaypee Mendoza, former construction section chief

+ John Michael E. Ramos, project engineer

+ Irene DC. Ontingco, engineer II

+ Joshua Blitz S. Roxas, engineer II

+ Bernardo P. Villafuerte, engineer II

Criminal charges

Meanwhile, the ICI sought criminal charges against Alcantara, Hernandez, Galang, Mendoza, Ramos, Ontingco, and Roxas for potential violations of anti-corruption laws.

The charges were violation of the anti-graft and corrupt practices act and government procurement law, malversation of public funds, and falsification.

The commission also asked the ombudsman to charge Eumir Villanueva, owner of Topnotch, as well as its board of directors and shareholders.

“Mr. Villanueva, together with the officers and members of the Board of Directors of Topnotch, made it appear that the project was satisfactorily completed in accordance with the Plans and Specifications of the Contract. These falsifications indicate that the scheme was intended to enable the release and receipt of government funds without the completion of any actual work,” the commission said in its report.

The ICI said Alcantara approved the disbursement of payments to the contractor despite the non-existent project.

Hernandez recommended and reviewed the release of payment, while the others named “willfully consented, whether through their own acts or by omission, to the release and processing of payments to Topnotch despite the absence of any construction in accordance with the approved bid plans.”

Remulla said his office will conduct fact finding and later on preliminary investigation into the new ICI report.

The ICI recommendation marked its third case referral to the ombudsman since it was formed in September.

READ: ICI seeks charges vs. Villanueva, Estrada, Co, 3 others in flood control scandal

The commission earlier said it is focusing on over 400 projects identified as “ghost” or those that were paid and deemed completed but were non-existent.