Court affirms bail denial for ex‑DPWH officials

By Erika Mae P. Sinaking and Chloe Mari A. Hufana

The anti‑graft court has upheld its earlier decision denying bail to former officials of the Department of Public Works and Highways (DPWH) and their co‑accused in a malversation case linked to the flood-control scam.

In a 27‑page resolution dated March 31, the Sandiganbayan Sixth Division said prosecutors presented strong evidence of guilt against the accused.

The case involves a P289‑million flood control project in Naujan, Oriental Mindoro. Charges were filed by the Office of the Ombudsman in November last year following an audit and fact‑finding report by the Independent Commission for Infrastructure (ICI).

Among those charged were nine former DPWH officials and ex-Party-list Rep. Elizaldy S. Co. Prosecutors allege that he conspired with government personnel and representatives of a private contractor to facilitate the release of public funds despite deficiencies in the project.

In their bid for bail, the accused argued that their roles in the project were merely ministerial and that they acted in good faith. The court rejected the claim, ruling that their signatures on disbursement vouchers and certification documents were essential to the release of funds.

The court said approving officers are duty‑bound to verify the legality, authenticity and regularity of transactions before endorsing disbursements.

“The rest of the accused’s arguments are merely a substantial reiteration or rehash of their previous arguments,” the court said in the resolution written by Associate Justice Sarah Jane T. Fernandez.

The court said it had already addressed those issues in an earlier ruling and found them to be without merit. The division stressed that its ruling should not be construed as a finding of guilt.

“The court reiterates that the ruling is not a prejudgment of the guilt of the accused,” it said. “The court merely determined the weight of evidence for purposes of bail.”

Meanwhile, Malacañang said an executive order might no longer be necessary to dissolve President Ferdinand R. Marcos, Jr.’s task force probing infrastructure anomalies, as its work ended on March 31.

Palace Press Officer Clarissa A. Castro said the ICI has effectively been dissolved after completing its mandate.

“It no longer has a mandate or any functions to perform,” she told DZMM radio in Filipino. She added that the matter would still be referred to the Office of the Executive Secretary to determine whether further action is needed.

Mr. Marcos created the ICI through Executive Order No. 94 in September 2025 months after he exposed flood-control scams in his annual address to Congress.

The body served as a fact‑finding commission tasked with gathering documents, testimonies and other evidence related to infrastructure projects, including flood-control works.

It had no prosecutorial powers and instead referred its findings to agencies such as the Department of Justice and the Office of the Ombudsman.

In February, the commission submitted an accomplishment report to Malacañang. From Sept. 15, 2025 to Jan. 18, 2026, it made nine referrals to the Ombudsman, conducted 32 hearings and 16 site inspections, reviewed 1,173 documents and issued 160 investigative communications.

Over the same period, authorities froze 6,692 bank accounts and secured about P24.7 billion in assets through preservation, seizure or voluntary surrender.

Despite the scale of the investigation, no senior officials implicated in the scandal have been jailed.

Mr. Co who used to head the committee on appropriations, is a fugitive following the issuance of arrest warrants by the Sandiganbayan. He has denied wrongdoing.

Former Speaker Ferdinand Martin G. Romualdez, President Marcos’ cousin, was also implicated in the controversy but remains a sitting district representative. He has likewise denied the allegations.

The flood-control scandal dominated the latter half of 2025, dampening economic activity as tighter government spending and waning public confidence weighed on growth.

Analysts said the absence of high‑level convictions has reinforced concerns over accountability in a system dominated by political dynasties. Authorities, however, maintain that cases are still being built and prosecutions continue.