ICI Seeks Plunder Charges Against Jinggoy, Joel, Zaldy, and Others
The Pork Barrel Scandal: A Systematic Scheme of Corruption
In the heart of Manila, the Philippines, a disturbing pattern has emerged that suggests the pork barrel system has not only persisted but has evolved into a complex web of corruption. According to the Independent Commission for Infrastructure (ICI), this scheme involves lawmakers and other officials who have allegedly colluded to siphon billions in public funds meant for flood control projects.
Key Players and Allegations
The ICI, led by Chair Andres Reyes Jr., has identified several individuals who are implicated in this alleged kickback scheme. These include Senators Joel Villanueva and Jinggoy Estrada, former Ako Bicol Rep. Elizaldy “Zaldy” Co, former Caloocan Rep. Mary Mitzi Cajayon-Uy, former Department of Public Works and Highways (DPWH) Undersecretary Roberto Bernardo, and Commission on Audit (COA) Commissioner Mario Lipana.
The ICI has recommended that the Office of the Ombudsman consider filing nonbailable charges of plunder against these individuals, with the exception of Bernardo, for their alleged involvement in a scheme that involved massive misappropriation of public funds.
Legal Framework and Findings
The ICI cited several laws that were allegedly violated, including Articles 210-212 on bribery and corruption of public officers under the Revised Penal Code, Sections 3(b) and 3(c) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), and Section 2 of Republic Act No. 7080 (plunder law).
According to Reyes, the commission uncovered an alleged systematic "kickback scheme" where legislators, acting as project proponents, inserted flood-control projects into the National Expenditure Program (NEP), House General Appropriations Bill (GAB), and General Appropriations Act (GAA) in exchange for commissions ranging from 20 percent to 30 percent of project costs.
Engineers' Role in the Scheme
Reyes explained that the process began with the proponent, who would inform the district engineer about the allocated budget for infrastructure projects. This engineer would then direct the assistant district engineer to create a list of projects based on the budget provided.
This list would be transmitted to another DPWH project engineer, who would then pass it on to either the regional office or the lawmaker who proposed the scheme. Once the projects were included in the NEP or GAA, the engineers would choose the contractors to implement the projects.
Payment Mechanism
The payment mechanism involved an advance payment equivalent to 25 percent of the project’s budget. This was broken down into 10 percent given when the project was approved in the NEP and the remaining 15 percent released once the GAA with the "insertions" was passed.
Plan to Amend the Report
The ICI executive director, Brian Hosaka, mentioned that the panel plans to amend the report to include charges against the three DPWH engineers—Alcantara, Hernandez, and Mendoza. Their sworn statements and transcripts from the Senate blue ribbon hearings were considered significant in the investigation.
Admissions and Further Evidence
The ICI also noted the "admissions" made by Hernandez and Mendoza regarding their participation in the scheme, including the preparation of kickbacks to be sent to the homes or hotels of lawmakers. However, these admissions are subject to further testimonial and documentary evidence.
Follow-Up Actions
The latest round of recommendations from ICI followed the first set of charges given to the Office of the Ombudsman on September 29, where it also asked that a total of 18 individuals, including Co, be sued for graft and malversation of public funds, as well as administrative charges in connection with the P289.5-million flood control project in Barangay Tagumpay in Naujan, Oriental Mindoro province.
Separate NBI Action
The National Bureau of Investigation (NBI) also made a separate recommendation last month to prosecute 21 individuals involved in the flood control projects.
Commitment to Justice
Reyes, who declined to answer questions from the media about the second ICI report, vowed to continue the investigation into the massive corruption in public infrastructure and to spare "no one." He emphasized that politicians and government officials will be investigated and charged by credible evidence, and those found responsible will face the consequences and be held accountable under the rule of law.
He also warned "aspiring" criminals: "Crime will not and does not pay. We will continue to investigate, follow the evidence, pursue charges to the very last man involved. Justice will not be delayed this time, this is our promise to our countrymen."
— With a report from Mary Joy Salcedo
