Ombudsman: All lawmakers, officials in Bernardo affidavit under investigation

All the personalities that former Department of Public Works and Highways Undersecretary Roberto Bernardo identified in his affidavits are under investigation by the Office of the Ombudsman, Ombudsman Jesus Crispin Remulla said.

The sworn statements have mentioned former and incumbent lawmakers, who Bernardo said were involved in collecting kickbacks from flood control projects.

“All those mentioned in the Bernardo affidavit are being investigated,” Remulla told GMA News Online.

The incumbent senators implicated by Bernardo in the flood control mess in his two affidavits and supplemental affidavit include:

• Francis Escudero 
• Jinggoy Estrada 
• Mark Villar.

The former Senators on Bernardo’s affidavit, on the other hand, include:

• Bong Revilla
• Makati Mayor Nancy Binay 
• Grace Poe 
• Education Secretary Sonny Angara.

Other former public officials mentioned by Bernado include:

• Former Ako Bicol party-list Rep. Zaldy Co
• Commission on Audit Commissioner Mario Lipana 
• Undersecretary Trygve Olaivar of the Department of Education
• Former DPWH Bulacan First District Engineering Office District Engineer Henry Alcantara 
• Former DPWH Bulacan First Assistant District Engineering Office District Engineer Brice Hernandez
• former Caloocan lawmaker Mitch Cajayon 
• former San Jose del Monte City Rep. and now San Jose del Monte City Mayor Florida Robes
• former DPWH Secretary Manuel Bonoan
• former DPWH Undersecretary Cathy Cabral and
• former special envoy to China for trade, investments, and tourism Maynard Ngu, whom Bernardo described as a close friend and campaign donor of Escudero 

Remulla said in a Facts First interview that Senator Joel Villanueva is also being investigated, since Villanueva was allegedly involved in the scheme, as sworn to by Alcantara in an affidavit also submitted before the Senate blue ribbon panel. 

He said warrants of arrest for those who will be charged may be issued by December 15 or 16.

Those mentioned by Bernardo as well as Alcantara and Hernandez have all denied allegations of pocketing public funds off flood control projects. 

Remulla, however, clarified with GMA News Online that it is the courts, not the Ombudsman, which has the authority to issue warrants of arrest should cases have been filed against those allegedly involved in the flood control mess.

“Only a court can issue a warrant of arrest,” Remulla added in a text message to GMA News Online.

Remulla earlier said that charges to be filed against high-ranking government officials and their cohorts allegedly involved in the anomalous flood control projects before the Sandiganbayan won’t necessarily be plunder which carries the gravest jail time and penalties, among other sanctions

Remulla was referring to government officials who fall under Salary Grade 27 and above and as such, under the jurisdiction of the Sandiganbayan or the anti-graft court. 

“Plunder is overrated. Through all these years, I think there's only been one conviction for plunder. That's why we are looking at other crimes that are easier to prove. Because plunder is overrated. It's full of holes already,” Remulla said on October 29. 

“All the jurisprudence (Supreme Court decisions) about plunder has just explained that it's very hard to pass the test,” he added.

While Remulla did not cite a particular Supreme Court decision, a 2016 High Court decision has required another element for the prosecutor to prove that someone accused of plunder is guilty beyond a reasonable doubt: the identification of a main plunderer. –NB, GMA Integrated News