ICI amends 2nd referral to Ombudsman, includes 3 ex-DPWH engineers

The Independent Commission for Infrastructure (ICI) on Tuesday submitted an amended referral to the Office of the Ombudsman to include three former Department of Public Works and Highways (DPWH) engineers and four other individuals.

In the amendment, the ICI recommended the filing of plunder, direct or indirect bribery, and falsification of public documents charges against former Bulacan 1st District assistant engineers Brice Hernandez and Jaypee Mendoza, and former Bulacan 1st District engineer Henry Alcantara.

The ICI noted that they previously testified to receiving kickbacks from flood control projects in their jurisdiction.

“Subject to further testimonial and documentary evidence, it appears that Engineers Alcantara, Hernandez, and Mendoza along with Usec. Bernardo facilitated the payment of millions of pesos to these legislators either directly, or through intermediaries or trusted personnel, or through certain DPWH officials,” it said.

“Engrs. Alcantara, Hernandez, and Mendoza even testified that in several instances, they were contacted by the legislators who asked for payment in cash. In different and separate instances Engrs. Alcantara, Hernandez, and Mendoza testified that they would deliver these amounts at the legislators’ homes, or in hotels,” it added.

Meanwhile, the commission also alleged that the three committed the crime of corruption of public officers for paying advances to lawmakers.

“Contractors are under no legal obligation to pay such amounts/fees in order to be able to participate, much less prevail in biddings, for government infrastructure projects,” it said.

Only Senators Joel Villanueva and Jinggoy Estrada, former representatives Zaldy Co and Mitch Cajayon, and Commission on Audit (COA) Commissioner Mario Lipana were named in the initial recommendation of the ICI.

Villanueva previously said his camp will wait for the copy of the official referral of the ICI to the Ombudsman and his lawyers will study the basis of his inclusion in the complaint. 

He said that records of the Senate will show that he has been against flood control projects from the very beginning and he was the one who exposed and questioned it.

"All these, at the proper time, will prove my innocence," he said.

For his part, Estrada said he is also ready to defend himself to prove his innocence.

“Wala akong tinanggap na anumang pondong nakalaan para sa mga flood control projects, at kaya kong patunayan ito sa hukuman. Ang mga paratang laban sa akin ay pawang hearsay o batay lamang sa sabi-sabi,” Estrada said in a statement.

(I did not accept any funds for flood control projects, and I can prove this in court. The allegations against me are all based on hearsay.)

Estrada previously denied links to flood control projects and even challenged Hernandez to take a lie detector test to prove his allegations. Estrada has also filed perjury complaints against Hernandez. 

In a previous statement, Co also denied receiving funds from the DPWH flood control projects.

In a Facebook post on September 18, Cajayon said she does not know Alcantara and Hernandez, who first linked her to the flood control projects. —VAL, GMA Integrated News