The preliminary investigation into five alleged “ghost” flood control projects in Bulacan begins on Nov. 10, with charges may be dismissed or filed in court within 30 days.
Prosecutor General Richard Anthony Fadullon said the subpoenas for respondents to appear starting at 1 p.m. on Nov. 10 have been issued.
While Fadullon did not name the respondents, the documents earlier submitted to the Office of the Ombudsman (OMB) by the Department of Justice (DOJ) recommended the prosecution of Bulacan 1st District Engineer Henry C. Alcantara, Assistant District Engineer Brice Ericson D. Hernandez, Project Engineer Arjay S. Domasig, Construction Section Chief Jaypee D. Mendoza, Project Engineer Nino Lawrence V. Morales, Finance Section Chief Juanito C. Mendoza, Administrative Section Chief Floralyn Y. Simbulan, Cashier II Christina Mae D. Pineda, and Syms Construction representative Sally N. Santos.
The charges against them are for malversation of public funds through falsification of public documents under Article 217 in relation to Article 171 Paragraph 4 of the Revised Penal Code (RPC); perjury under Article 183 of the RPC; and graft under Section 3(e) of Republic Act No. 3019,
The recommendation was submitted by the DOJ to the OMB.
However, Ombudsman Jesus Crispin Remulla sent back the recommendations to the DOJ for the conduct of the preliminary investigation
Most of the government officials recommended for prosecution have salary grade 26 and below and, thus, the DOJ can conduct the preliminary investigation and file the cases before the regional trial courts (RTC).
Once filed before the RTCs, the Supreme Court (SC) had said it will create special trial courts to handle exclusively flood control and other infrastructure projects.
The Sandiganbayan’s jurisdiction covers government officials with salary grade 27 and above.
DOJ Officer-in-Charge (OIC) Fredderick A. Vida expressed hope that the preliminary investigation and the filing of charges in court for the five cases will be finished within this year.
“My appeal is that we follow the process. Hindi tayo pwede mag-short cut . We cannot play God on this. We need to follow the rule of law,” Vida told reporters during the sidelines of the Justice Summit in Pasay City.
Earlier, Department of Public Works and Highways (DPWH) Secretary Vince Dizon had said he expects that those charged in court will be in prison before Christmas.
If cases are filed in courts 30 days after preliminary investigation or on Dec. 10, it would only take a few days for the courts to determine probable cause that would lead to the issuance of arrest orders. (Jeffrey Damicog)
