The Office of the Ombudsman on Tuesday filed before the Sandiganbayan malversation and graft cases against resigned Ako Bicol Party-list Rep. Elizaldy Co, as well as Department of Public Works and Highways (DPWH) Region IV-B and Sunwest Corporation officials over an anomalous Naujan, Oriental Mindoro flood control project worth ₱289.49 million.
According to Assistant Ombudsman Atty. Mico Clavano, two months of investigation and evidence gathering have established a sufficient basis in filing a case with the Sandiganbayan, said RH 5 Val Gonzales in a report.
“The Office of the Ombudsman announces today that we have issued a resolution finding probable cause to file criminal charges in connection with serious irregularities uncovered in a major flood control project in Oriental Mindoro," Clavano told the press.
"Criminal informations have now been filed in the Sandiganbayan against former Congressman Elizaldy ‘Zaldy’ Co; several officials of the DPWH Region IV-B, including the regional director, assistant regional directors, project engineer, materials engineer, and chiefs of the quality assurance, maintenance, and design divisions; and the board of directors of Sunwest Corporation as private respondents,” he added.
The respondents face malversation of public funds through falsification of public documents under Article 217, in relation to Article 171, paragraph 4 of the Revised Penal Code, and the violation of Section 3e of the Anti-Graft and Corrupt Practices Act or RA 3019, the assistant ombudsman said.
The irregularities were discovered through evidence and testimonies provided by witnesses, along with documents. Among the evidence are specifications on materials that were not followed, such as steel units only three meters in length, when the project requires 12-meter-long components, Clavano revealed.
In addition, the documents were submitted for the construction of a road dike along the Mag-asawang Tubig River.
The Ombudsman investigators subsequently decided not to recommend bail for the malversation case, citing the unexplained loss of over ₱8.8 million in funds.
This marks the first case filed in connection with the irregular flood control projects, following the Independent Commission for Infrastructure’s (ICI) referral.
Clavano said there will be more cases to be filed in the following days, as a number of these are still in the preliminary investigation and fact-finding stages.
