Lawmakers Blast Corruption Allegations As Baseless, Politics-Driven; Yap Seeks Probe Into Duty Free Complaint Against Belgica

Nine members of the House of Representatives have cried foul after being publicly named by President Duterte as subjects of investigation by the Presidential Anti-Corruption Commission for alleged involvement in anomalous government infrastructure projects – allegations that the Chief Executive himself admitted was supported by “no hard evidence.”

The congressmen denied as baseless the allegations that ranged from conflict of interest to supposed collection of kickbacks from the contractors of the projects implemented by the Department of Public Works and Highways (DPWH) – purportedly in cahoots with certain district engineers whose names Duterte also mentioned in his Dec. 28 public address.

Some of the lawmakers went as far as to describe the allegations submitted by the PACC as politically motivated or even an attempt to divert from the controversies faced by the Duterte administration or PACC Commissioner Greco Belgica himself.

On Nov. 23, Duterte said he would not mention the names implicated by the PACC because he does not have “jurisdiction” over the members of the legislative branch of government.

The PACC was created through Executive Order No. 43 on Oct. 4, 2017 to conduct investigations and hearings on administrative cases involving graft and corruption “against all presidential appointees” in the executive branch of the government and any of its agencies or instrumentalities.

Its jurisdiction covers officers of the executive branch holding a rank of Salary Grade (SG) 26 (equivalent to an assistant regional director) or higher. District engineers are classified as SG 25.

The PACC also does not have prosecutorial or disciplinary powers. Under Executive Order No. 73, dated Dec. 28, 2018, it may recommend to the President the filing of appropriate criminal complaints before the Department of Justice (under the executive branch) or the constitutionally independent Office of the Ombudsman, which would hold their own preliminary investigations. 

Even though congressmen – elected by the voters of their legislative districts – do not fall under the PACC’s jurisdiction, Duterte on Dec. 28 changed his tune and said he wanted to reveal the names of those suspected of anomalies “kasi talagang exasperated ako sa corruption ng gobyerno (because I am really exasperated over corruption in the government).”

Speaking in a softer tone than his previous speeches publicly accusing individuals of involvement in the illegal drug trade, Duterte directly addressed the public to say: “It cannot be translated by just reading the names that they are already guilty because presumption of innocence would lie all throughout until conviction or acquittal.”

“Kaya lang lumabas ‘yung mga pangalan nila, eh kailangan ko sabihin sa mga tao (But their names came out, and I need to inform the people) or else I’d look stupid,” he said, adding that the names were bound to come out anyway because the PACC report was a “public document.”

“I just want to assure everybody that ‘yung pagbasa sa pangalan ninyo (the disclosure of your names) is not a condemnation or an indictment that you are guilty of something. In the same manner that I would tell the people that do not take it as a gospel truth na totoo talaga ‘to (that this is really the truth),” he added.

However, Duterte warned the congressmen to “be careful.” “It works both ways. There might be somebody using your name or gumagawa hindi mo alam pagkatapos nire-report doon (or acting without your knowledge and then it gets reported),” he said.

The opposition Liberal Party LP) saw three of its members get dragged by Duterte in his public address. It lambasted Duterte for “pamumulitika at paglilihis ng atensyon ng Pilipino sa napakaraming mga isyu na dapat tugunan at panagutan ng administrasyon (politicking and diverting the Filipinos’ attention from the multitude of issues that should be addressed and accounted for by the administration).”

Citing the coronavirus disease 2019 pandemic, the supposed spate of abuses by policemen and the P15-billion corruption scandal hounding the Philippine Health Insurance Corporation, the LP said: “Ito dapat ang pagtuonang pansin at enerhiya ng administrasyon, kaysa ang mag-imbento ng listahan ng paratang laban sa mga itinuturing nilang kalaban sa pulitika (These deserve the attention and energy of the administration, more than inventing a list of allegations against those it deems to be their political enemies).”

The party said the allegations may be a precursor to “panggigipit at mas marami pang mga kasinungalingan (oppression and more lies),” and pointed out that Sen. Leila de Lima remains detained on allegations of aiding the illegal drug trade in the New Bilibid Prisons “sa kabila ng katotohanang wala siyang sala (despite the truth that she is innocent).”

“The Liberal Party will not be cowed by lies. Magpapatuloy ang serbisyo namin sa taumbayan – at kabilang dito ang pagsasabi ng katotohanan laban sa gobyernong pabaya, tiwali, at hindi kayang arugain o ipaglaban ang Pilipino (Our service to the people will continue – and this includes speaking the truth against a government that is negligent, corrupt, and incapable of caring or fighting for the Filipino),” the statement read.

Occidental Mindoro Rep. Josephine Ramirez-Sato

Duterte claimed Occidental Mindoro Rep. Josephine Ramirez-Sato, a member of the LP, was under investigation for alleged ghost projects in the province’s lone district. He accused her of using a district engineer, who had been in position for at least 10 years, as a “bagman.”

“[Public Works] Secretary Mark [Villar] issued an order for the transfer of the said district engineer. But until now, it has not been implemented due to the intervention of Congressman Sato,” Duterte stated.

He used his public address to sanction the district engineer without knowing who he is. “Kung sino man itong y*wa na ito (Whoever this demon is), you are relieved beginning tomorrow,” he said.

In her statement, Sato said she was “devastated” and categorically denied the allegation. She stood by her three decades of public service and challenged Belgica to “prove his allegations against me by observing due process and the rule of law.”

“This has no basis and grossly unfair! I do not have any involvement in any corruption!” she said. “Apparently, the only basis is a report compiled by the (PACC) headed by Commissioner Greco Belgica. Even the President himself said that ‘walang ebidensya ito (this has no evidence).”

She said the allegation was politically driven, as Belgica was a “known ally and party mate of a prominent incumbent official in our province” who “intends to run against me in the upcoming 2022 local elections.”

“The report made by Commissioner Belgica which impinges on my credentials as a public servant is clearly calculated to sow intrigues and disruption in the local politics of Occidental Mindoro,” Sato stressed.

Former Ifugao Rep. Teodoro Baguilat, Jr.

Duterte also implicated another LP stalwart, former Ifugao Rep. Teodoro Baguilat Jr., who was a member of the opposition Magnificent Seven bloc in the previous Congress.

He accused Baguilat of “allegedly receiving kickbacks from contractors for construction projects located within Ifugao in connivance with former district engineer Lorna Ricardo.”

Duterte said Ricardo was “assigned in Davao City for the longest time…because of the congressman also,” and accused him of owning a beach house. Like the unnamed district engineer in Occidental Mindoro, he ordered Ricardo “relieved” through the public address.

In a series of Twitter posts, Baguilat said Duterte’s speech was just a diversionary tactic as he faced controversy over the inoculation of “halos lahat na sundalo (almost all soldiers)” with the vaccine produced by the Chinese state-owned Sinopharm Group, despite the absence of disclosed Phase 3 trial results and the lack of authorization by the Philippine Food and Drug Administration.

 “Ito ‘yung (This is the) high-level corruption that needs to be investigated. Pero (But) as usual, they want to divert people’s attention with their latest dud,” Baguilat said.

Taking the allegations in stride, Baguilat said he never received kickbacks and he only accepted kicks from his pet dog Vader, with whom he posed for a selfie. He hinted that he was never formally informed about any investigation before Duterte dragged his name in public.

“Sipa lang ni Vader ang tinanggap ko since he was born. Sino ba naman makakatanggi ng sipa nya? Cute kasi. Seriously, wala akong kaso at wala naman investigation na hinaharap (I only accepted the kicks of Vader since he was born. Who can resist his kicks? He’s so cute. Seriously, I have no case and am not facing any investigation),” he said.

Baguilat also alluded to someone he did not name who refused to release his statement of assets, liabilities and net worth to the public and promoted allies who allowed a shipment of shabu to pass through Customs controls.

Quezon City 5th District Rep. Alfred Vargas

Duterte also implicated former LP personalities who jumped ship to his Partido Demokratiko Pilipino–Lakas ng Bayan. The first he mentioned was Quezon City 5th District Rep. Alfred Vargas.

Vargas, the President claimed, demands a “one-time enrollment fee” of P1 million, and a kickback (worded as an “SOP,” or standard operating procedure) of 10 to 12 percent of the project’s budget before it could be awarded to the contractor.

In connection with this, Duterte also relieved district engineers Marlyn Inguillo and Ramon Devanadera.

Vargas, in his statement, held on to Duterte’s admission about the lack of evidence. “I am certain that I will be cleared. I am ready to submit myself to an investigation by the proper authority. Mere allegation is not proof,” he said.

He said “my political detractors… misinformed PACC to tarnish my name and reputation with wild accusations bereft of the truth.”

Misamis Occidental 2nd District Rep. Henry Oaminal

In his speech, Duterte questioned Deputy House Speaker and Misamis Occidental 2nd District Rep. Henry Oaminal of the Nacionalista Party for his alleged ownership of HSO Construction Corporation that “has several construction projects” in the province.

Duterte did not specify what he thought was wrong with it. But he also ordered district engineers Ana Lee Manzano and Carol Lyn Abinales relieved.

In a statement, Oaminal said he founded the company in 1988, two decades before entering public service in 2007. To address possible conflict of interest, he said he already “sold all my shares in accordance with law.”

Upon verification, he said the company “does not have any construction projects in all government agencies in Misamis Occidental, including DPWH.” Like Vargas, Oaminal chose to hold Duterte by his words.

 “He said that it should also not be taken as gospel truth that any of those mentioned are involved in any corrupt activities. I can categorically say that I am not involved in any anomalies or corrupt activities,” Oaminal said.

“It saddens me that my name was included in the report, but I welcome and support the  conduct of any investigation on the matter to clear my name, as I fully support the President's anti-graft campaign,” he added.

He even focused on how he had “strongly supported the President in dismantling the drug and organized crime groups in my province, including Ozamiz City.”

Isabela 4th District Rep. Alyssa Sheena Tan

Similar to Oaminal, Duterte mentioned Isabela 4th District Rep. Alyssa Sheena Tan of the Partido Federal ng Pilipinas for allegedly owning “a construction company that has several construction projects in Isabela,” without giving the name.

He also mentioned the names of district engineers Editha Babaran and a certain “De Luna” that the official Palace transcript said referred to Edmund de Luna.

Tan, in a statement, said there was “absolutely no truth in the allegation by the PACC” regarding her alleged ownership of companies that were awarded projects in her district.

“I have never owned any construction company. I do not have any shares in any construction company. This truth can easily be verified by the PACC by simply checking and validating with the concerned government agencies that they surely have access to,” Tan said.

Unlike the other abovementioned congressmen, Tan apparently recognized the PACC’s authority and promised to “indulgently cooperate and provide any information to the PACC to help them with any further investigation.”

Babaran, for her part, said in a radio interview in Cauayan City in Isabela that her conscience is clear and that Tan’s area  is not under her jurisdiction.

Babaran disclosed she was on her way to Manila to explain her side.

Northern Samar 1st District Rep. Paul Daza

Duterte briefly mentioned a third LP member: Northern Samar 1st District Rep. Paul Daza, whose father and predecessor Raul Daza formed part of the Magnificent Seven bloc, was accused of “determining all the winning bidders in his legislative district” and receiving a kickback of 20 to 25 percent from contractors.

Daza, in a statement, said the allegation stemmed from a “malicious complaint filed before the PACC by my local political opponents” and also held on to Duterte’s admission that there was no evidence.

He said he was being subjected to retaliation by former elected officials and contractors whom his office exposed for abandoning projects. He added that at least six companies were blacklisted by the DPWH recently because of his office’s efforts.

“It will then make sense for these erring former officials and contractors to send malicious and unfounded complaints to the PACC in retaliation [to] their blacklisting and the punitive action taken against them,” Daza said.

“I reiterate my commitment for transparency and governance and support the President’s drive to curb corruption in government. I will support any investigation on this matter and look forward to the chance to clear our good names,” he added.

Quezon 4th District Rep. Angelina Tan

Duterte also blamed Quezon 4th District Rep. Angelina Tan of the Nationalist People’s Coalition for a newly constructed road in the province that was not opened for public use but was “already broken at the onset of storm” and “looks like beyond repair.” He did not give more details.

Tan, in her Facebook post, challenged Belgica “to come to Gumaca (municipality) and visit the project, if they are serious on their campaign against corruption.”

She said the PACC should direct the questions to “DPWH, hindi ako (not me),” and also called on the commission to have some “common sense.”

In a follow-up statement, Tan said the PACC report was “not only derogatory, but also prejudicial as it holds no water due to the lack of evidence – a fact which was also pointed out by the President.”

She said the accusation involved the P800-million Gumaca Bypass Road, a project she “spearheaded in 2016” with the intent to reduce travel time in the municipality, decongest heavy traffic, stimulate local economic growth, and improve travel time for those going to and from Manila and the Bicol region.

She insisted that she “had been diligent in ensuring that the project – from its conception to the release of funds – went through its proper course,” and pointed out that the DPWH cited the project as one of its deliverables in its official website.

“It is a fact that the project had been derailed due to the ongoing pandemic and even more so with the onslaught of typhoons that resulted in massive flooding in the region – something that I no longer have control. It is hard not to feel dismayed and powerless with the sudden turn of fortuitous events, especially for my constituents who had been equally hopeful [for] the opportunities this project might bring to the locality,” she added.

Tan said she too was “a victim for hoping that this project would be delivered without delay and within the timeframe that was promised.”

“Had there been issues regarding its construction and implementation, it should be DPWH’s responsibility being the sole agency mandated to conduct all construction operations of public infrastructure of the state,” Tan said.

“If there is someone that should be a subject of investigation, it is the agency mandated to carry out the full implementation of the project,” she added.

Although Tan believes the PACC was out to “besmirch my reputation,” she thanked Duterte “for mentioning with caution that the accusations are bereft of evidence and are merely grounded on speculations.”

She also promised “to submit myself and to cooperate with the designated authorities conducting the investigation on this matter.”

ACT-CIS Party-list (and Benguet caretaker) Rep. Eric Yap

Duterte also implicated Anti-Crime and Terrorism Community Involvement and Support Party-list Rep. Eric Yap, who is a close ally of his son, Davao City 1st District Rep. Paolo Duterte and chairs the House committee on appropriations.

The allegation against Yap concerned his role as caretaker of the Benguet lone district, which he assumed after the death of Rep. Nestor Fongwan in December 2019.

Duterte accused his son’s ally of “rigging of bid through his agent, exerting influence in choosing his district engineer to be able to control the awarding of projects in the district assigned to him.”

Unlike the other congressmen he mentioned in his speech, Duterte accused Yap of having “intervened in the investigation” of the PACC against district engineer Lorna Ricardo (whom he had also connected to Baguilat).

Specifically, Duterte accused Yap of “calling up Commissioner Greco and requesting him to drop the case against district engineer Ricardo.” He even identified a possible violation of the law in his case.

“Alam mo (You know), by just mere calling, that simple call… can send you to jail. Ano ‘yan, eh (That is), punishable by Republic Act [No.] 3019, Anti-Graft Law,” Duterte said.

Duterte mentioned the names of Benguet district engineers Ireneo Gallato and a certain “Romelda” in an incomplete sentence that did not state if he was going to relieve them too. The official Palace transcript identified Romelda as Romelda Bangasan.

In an online press briefing, Yap admitted that he called Belgica but said he only wanted to check if Ricardo faced any pending case.

Yap said he was only asking for a friend who wanted to know if Ricardo can be endorsed for assignment in Benguet. Informed that she had a case, he said he did not ask further.

“Nu’ng nakausap ko si Greco Belgica, tinanong ko kung may kaso ba ’to. Ang sabi niya ‘Meron po yan, Cong, kaso at isasampa na po sa Ombudsman.’ Ang sabi ko, ‘Ay ganu’n po ba? Sige po, thank you.’ And then, pagkatapos no’n wala na (When I spoke with Greco Belgica, I asked if she had a case. He said, ‘She had a case, Cong, and it will be filed before the Ombudsman.’ I said, ‘Is that so? Okay, thank you.’ And then, after that, nothing else),” Yap said. Cong is short is for congressman.

Yap said Belgica could have checked with the Ombudsman and asked “kung siya ba ay nilalakad ko (if I have been fixing the case for her).”

As for his alleged involvement in the rigging of bids, Yap declared: “Once I’m proven guilty, I will resign.”

He claimed that he never participated in the bidding for the infrastructure projects in Benguet, because by the time he assumed the role of caretaker last Jan. 27, “halos tapos na ata lahat ng bidding ng projects for 2020 (almost all the bidding for the projects for 2020 were finished).”

“I’m not aware kung papaano nangyari ang bidding at ni minsan sa buong buhay ko, hindi pa po ako nakapasok ng bidding ng DPWH (I’m not aware how bidding is conducted and never once in my life had I entered the bidding of DPWH),” he said.

Yap likened the act of publicly naming those merely suspected of corruption to a witch hunt, but he directed his ire at the PACC.

“Bilang (As) PACC, you should be responsible. 'Yung ganyan kasi na papangalanan mo lang, para sa akin hindi investigation 'yan. Ang ginagawa ko ninyo ay nagwi-witch hunt kayo (That act of just naming the persons, for me, it’s not an investigation. What you are doing is going on a witch hunt),” he said.

Yap questioned the timing of the PACC report and connected this to the fact that nine employees of the state-owned Duty Free Philippines Corp. filed a graft and administrative complaint against Belgica before the Ombudsman last Oct. 22.

The complainants accused Belgica of whitewashing an investigation on DFPC officials allegedly involved in allowing private firms to smuggle imported goods. Yap claimed that Belgica only then brought up the issue of the alleged involvement of congressmen in corruption in the DPWH.

Yap said that when Congress returns from its recess this January, he will file a resolution seeking an investigation into the whitewashing issue raised by the DFPC employees.

“Doon ipapakita ko kay Commissioner Belgica kung gaano kapatas ang pag-iimbestiga. Hindi lang ‘yung nag-aakusa ang kailangan mong kuhanan ng panig, kundi pati yung inaakusahan (There, I will show Commissioner Belgica how to investigate fairly. Not just getting the side of the accuser, but also the accused),” Yap said.

“Hindi ko masasabing guilty or hindi guilty si Mr. Greco Belgica sa Duty Free Philippines na may nagsampa sa kanya ng kaso kasi hindi pa ito proven. Kami ay magkakaroon ng inquiry in aid of legislation upang magkaroon tayo tamang batas para 'yung PACC, 'yung mga nag-iimbestiga, ay hindi nasasangkot sa mga anomalya (I cannot say if Mr. Greco Belgica is guilty or not guilty in the case regarding Duty Free Philippines because it has not yet been proven. We will have an inquiry in aid of legislation so we will have the proper law, so the PACC and those that investigate will not be involved in anomalies)," he added.

Bataan 1st District Rep. Geraldine Roman

Duterte also named another former LP member who joined his PDP-Laban as among those allegedly involved in corruption. He accused Bataan 1st District Rep. Geraldine Roman of “asking for 10 percent kickback for all DPWH projects in her district” and did not elaborate further.

In her brief statement, Roman said she was “shocked to hear that my name was mentioned by the President in a list of Congressmen allegedly involved in anomalies in their projects.”

“Public service has never been a money-making venture for me or my family whose good name is highly esteemed in Bataan,” Roman said.

“I am comforted by the fact that the President clarified that there is no verified information in this regard. I am open to any investigation to establish the truth on this matter and I am sure that my honor will be vindicated. My conscience is clear,” she added.

Not a diversionary tactic

Presidential spokesman Harry Roque said the President’s move was not a diversionary tactic.

Roque asked Baguilat:  “Did you connive with your district engineer to get ‘tong-pats’ from your contractors?”

"Tong-pats" is switched from the Filipino word, "patong," which means to put on top. An agent's commission is on top of the project cost.

Roque also defended the President’s action, saying “it is not a trial by publicity because the President has been clear – they have the presumption of innocence and these are people who are being investigated.”

Roque said the President’s message to those at the DPWH and the congressmen was clear: “Shape up.”

“Shape up because the good days are over,” he said, adding the President’s directive to revamp district engineers could help address the corruption issues.

“As far as I know, this is the first time in Philippine history that a President dared to actually touch this institutional source of corruption,” Roque claimed. 

Duterte’s SALN

Groups who want to have copies of Duterte's SALNs should comply with the rules set by the Office of the Ombudsman, Roque said, even if the Chief Executive has affirmed the right to access to information. 

During his public address last Monday, Duterte said the right to access to access to information applies to any government agency "irrespective of the department." He said everyone has the right to access information and that informing the public is his "sworn duty."  

Some critics reacted to the statement by challenging Duterte to release his SALNs, arguing that he cannot fight corruption if he is not transparent. 

Asked whether Duterte would heed fresh calls for him to make public his SALNs, Roque said: "You know, the ombudsman already has procedures." 

"Let us just follow the procedure," he added. 

Ombudsman Samuel Martires has restricted access to the SALNs of officials, saying the document has been "weaponized" and has become a tool for extortion. The document can only be released if the official who filed it or his representative makes a request; if ordered by the court in relation to a pending case; and if the request is made through the Office of the Ombudsman’s field investigation office to conduct a fact-finding probe. 

Various groups have criticized Duterte for not releasing copies of his SALN for 2018 and 2019. – With Edu Punay, Delon Porcalla, Christina Mendez, Alexis Romero, Raymund Catindig