9 DPWH officials plead not guilty in malversation raps on flood control case

Nine Department of Public Works and Highways (DPWH) officials on Tuesday pleaded not guilty to the malversation charge filed against them in connection with the substandard P289 million flood control project in Oriental Mindoro. 

These nine who entered their not guilty plea before the Sandiganbayan Sixth Division include: 

• Gerald Pacanan, DPWH regional director
• Gene Ryan Altea, DPWH assistant regional director
• Ruben D.S. Santos, DPWH assistant regional director
• Montrexis Tamayo, DPWH OIC-chief, Planning and Design Division
• Dominic Serrano, DPWH construction division chief and Bids and Awards Committee (BAC) chairperson
• Dennis Abagon, DPWH OIC-chief, Quality Assurance and Hydrology Division, BAC regular member 
• Juliet Calvo, DPWH Maintenance Division Chief 
• Lerma Cayco, DPWH accountant IV and 
• Felisardo Casuno, DPWH project engineer III 

All the nine accused were physically present when they entered their not guilty plea. They were all wearing a yellow detainee uniform during the arraignment and were handcuffed.

Ombudsman prosecutors alleged that the respondents “willfully, unlawfully and feloniously take, appropriate and misappropriate or consent, or through negligence, permit Co, private individuals and Sunwest Incorporated to take public funds of DPWH in the total amount of P215 million in connection with the construction of a road dike along Mag-asawang Tubig River, Oriental Mindoro by falsifying or causing to be falsify disbursement documents.”

Likewise, the Ombudsman said Serrano, Cayco, Pacanan, Altea, and Santos allegedly made certifications and approved payments to make it appear that the payments to SunWest Incorporated were valid despite lacking material supporting documents.

The Ombudsman said the false certifications and false statements in the documents included but were not limited to: progress billing, contractor’s statement of work, certification of inspection, and documents attesting that works and materials have been accomplished according to plans and specification.

“In truth and in fact, Sunwest failed to comply with them, including the delivery and installation of the required length of steel sheet piles, making the subject substandard,” the Ombudsman said in its rap sheet against the accused.

In a separate statement, the Lim & Yutatco-Sze Law Firm which represents Altea, Santos, Serrano, Tamayo, Calvo Abagon and Cayco maintained that the P289 million Oriental Mindoro flood control project is serviceable.

“To set the record straight, the flood control project in MIMAROPA (Region 4B) is not a ghost project. It is an almost completed construction activity,” the law firm said.

“Despite a number of typhoons in Oriental Mindoro, the project remains structurally sound and serviceable,” it added.

Further, the law firm said they have full trust and confidence in the Sandiganbayan’s judgment. 

“The matter is now with the Honorable Sandiganbayan. We express our full trust on our Justices' independence and their proven resilience against pressure,” it said.

“After all, evidence will speak for itself. The truth will prevail,” it added.

Also on Tuesday, the Sandiganbayan Sixth Division chaired by Associate Justice Sarah Fernandez scheduled the pre-trial for the malversation charge concerning the Oriental Mindoro project on December 9 to 11, at 9 a.m. and 1:30 p.m.

During the pre-trial period, both the prosecution and the defense will submit their respective pre-trial brief before the Sandiganbayan Sixth Division. The pre-trial brief contains the list of witnesses and the evidence for the respective parties.

It is also during this period that the prosecution and the defense will stipulate or agree on certain facts of the case. 

The list of witnesses and other evidence or exhibits must be included in the pre-trial brief for the prosecution and the defense to be able to present it to boost their respective arguments during the trial proper.

Fernandez then explained that any petition for bail that will be filed by the accused will only be entertained by the Sandiganbayan once the pre-trial period is done.

“The motion for bail filed by the accused can be done after the pre-trial period is finished. We will endeavor having hearings in the morning and in the afternoon, Mondays thru Thursdays,” Fernandez said.

“We want the proceedings to proceed as fast as possible,” Fernandez added. —VAL/JMA, GMA Integrated News