Bong Revilla indispensable in alleged flood control fund misuse, says Sandiganbayan Justice Miranda

Sandiganbayan Third Division Chairperson Associate Justice Karl Miranda dissented from the decision granting bail to former Senator Ramon “Bong” Revilla Jr., stating that evidence showed his “indispensable” role in the alleged malversation of funds for a flood control project in Bulacan. Revilla was released from detention on Friday after being granted bail in his malversation case involving the alleged P92.8-million ghost flood control project in Pandi, Bulacan. However, Miranda disagreed with the court’s finding that testimonies failed to establish how Revilla facilitated the project’s inclusion for funding. “The allegation in the Information that Revilla facilitated or caused the inclusion of the subject project in the General Appropriations Act does not necessarily require proof that he personally intervened in congressional deliberations,” Miranda said. “It may reasonably include actions undertaken before budget legislation, which enabled, initiated, or set in motion the process that eventually resulted in the project's inclusion in the national budget,” he added. Revilla’s co-accused alleged that he was the proponent of the flood control project and that he requested and obtained a list of projects for funding from former Department of Public Works and Highways (DPWH) Undersecretary Roberto Bernardo. “This is also supported by documentary evidence, particularly the list transmitted by Usec. [Maria Catalina] Cabral to the Programming Division of the Planning Service of DPWH with the heading ‘For Funding Sen. Bong Revilla,’ which has been identified by [DPWH] Engr. [Peter Paul] Cortez,” Miranda said. “The prosecution was also able to establish that the subject project was included in the GAA through the errata submitted by the DPWH to Congress.” In his dissenting opinion, Miranda also outlined the alleged kickback scheme within the DPWH, which involved a monetary “commitment”—typically a percentage of the project budget—given to the proponent in connection with the funding, inclusion, or prioritization of projects. He noted that the common objective of the scheme, or kalakaran, was not simply to build “ghost” or “non-existent” projects, but to use identified projects as a means to misuse public funds. “The design already operates even before project implementation; the diversion of public funds is committed through manipulation of the project identification, funding, and procurement processes,” Miranda said. Miranda cited former District Engineer Henry Alcantara’s admission before the court that only 30% to 35% of the project budget would remain for actual implementation. “In this kalakaran within the DPWH, commissions or ‘commitments’ received by the project proponent from contractors ultimately come from the budget allocated for the projects, necessitating the diversion of public funds. In turn, the contractor must conceal the budget deficiency created by this payment of ‘commitments’ through falsification of public documents,” Miranda added. “Revilla’s acts, as project proponent, therefore formed an indispensable part of the common criminal design and directly contributed to the accomplishment of the conspiracy’s objective of misappropriating public funds,” he added. Miranda said the anti-graft court’s decision was “difficult to justify” because Revilla, who allegedly personally benefited from the corruption scheme, was granted provisional liberty while his co-accused remained detained “despite [the] lack of proof that they gained anything from the commission of the crime charged.” Still, Miranda said the evidence against Revilla’s co-accused showed acts and omissions that enabled the unlawful release of P76,916,337.42 from the P92.8-million budget for the flood mitigation project in Purok 5, Barangay Bunsuran, Pandi, Bulacan, to SYMS Construction Trading (SYMS). The project was reported as 95.17% complete but was later found to be non-existent. "Consequently, the prosecution was able to present strong evidence that the accused, through their collective acts, took, misappropriated, consented to, or permitted SYMS to take the amount P76,916,337.42 as payment for supposed completion of 95.17% of Contract ID No. 25CC0299," Miranda said. These acts included facilitating the disbursement process and the preparation of the necessary supporting documents. Miranda further noted that the payment of a “royalty fee” to SYMS was sufficiently established. "Sally Santos categorically admitted that on various occasions, she allowed [former assistant district engineer of the Bulacan 1st DEO Brice] Hernandez to use the license of SYMS for the projects of DPWH- Bulacan 1st DEO in exchange for a 'royalty fee' equivalent to 3% of the contract price of the projects," she said. “Under this arrangement, once payment has been made to SYMS for the said projects, she will withdraw the money paid to SYMS, subtract the 3% allotted to her, and thereafter deliver the rest of the amount, in boxes of cash, to Hernandez." "With respect to the project subject of this case, Hernandez borrowed the license of Sally Santos with the assurance that he would give her the project. Thus, when a public bidding was conducted for the subject project, SYMS won the same." –VBL, GMA News