Contractors possible source of flood control kickbacks, but no strong link to DPWH engineers—witness

MANILA — Contractors that bagged alleged anomalous flood control projects are the possible “source” of kickback funds or commitment fees for their proponents, a prosecution witness told the Sandiganbayan on Tuesday, October 20.

National Bureau of Investigation Agent III Ivan Bernard Samson took the witness stand before the anti-graft court’s Fifth Division during Sen. Jinggoy Estrada’s first bail hearing on his plunder charge over the alleged flood control kickback scheme.

Estrada attended the hearing via teleconference, while his three co-accused, former DPWH-NCR engineers Denryl Cortuna, Manny Bulusan, and Arturo Gonzales Jr., were present in court.

In response to questions from Fifth Division Chairperson Acting Associate Justice Gener Gito, Samson said that based on their September interview with state witness and former DPWH Undersecretary Roberto Bernardo, they saw a pattern involving contractors “attributed to different proponents which include Sen. Jinggoy Estrada,” particularly in seven contracts under the Bulacan 1st District Engineering Office.

The NBI agent said that, based on their investigation, it was “general knowledge that all of the funds, all of the kickback that are given to proponent are payment coming from the contractor.”

However, Samson noted during cross-examination that while they had “leads,” they lacked sufficient testimonial and documentary evidence to establish the “exact source” of the alleged kickback funds.

“With respect to the source, is there any definitive evidence of findings as to the source of these funds which allegedly were given to Estrada?” Gito asked.

“These contractors are the possible or highly the source of these funding. But the chain of the transfer of the money, we don’t have it between the contractor going to the first layer which is based on the affidavits, it went through ADE [Assistant District Engineers] or District Engineers assigned to collect or to get the remittance from this contractor,” Samson replied.

Samson said investigators found no “strong link” between the contractors and the assistant district engineers (ADEs), adding that there was “no specific mention” of which contractors would provide the commitment fees.

“You said there is no link between the contractors and ADEs?” Cortuna’s legal counsel Eldridge Aceron asked.

“I did not say there is no link but there is no strong link which gives prima facie case with reasonable certainty of conviction unlike what was rendered or recommended on the respondent in this case,” Samson replied.

The NBI agent added that, based on his interview with former DPWH-NCR Director Engineer Gerard Opulencia, the latter allegedly tasked district engineers, including the respondents in the case, with collecting a 25 percent commitment fee to be remitted to Estrada through Bernardo.

“According to Opulencia, he will relay the messages from Usec. Bernardo requesting the certain voluntary kickbacks to be given to the proponent, Jinggoy Estrada through his 3 or 4 engineers which handles different DPWH engineering office,” Samson said.

“He will give the certain percentage to be collected, the amount, the time, the place and the person to where the meet-up will be done for the transfer of the amount,” he added.

Estrada’s counsel, Laurence Hector Arroyo, did not cross-examine Samson but earlier objected to his presentation as a witness, citing his supposed lack of personal knowledge of the underlying facts and evidence and arguing that his testimony was “irrelevant” and “hearsay.” Gito overruled the objections.

Meanwhile, the prosecution was given five days to comment on Estrada’s motion for reconsideration of the 90-day suspension imposed on him as senator, as ordered by the court on October 12.

The next hearings on Estrada’s bail petition are scheduled for October 27, 28, and 29, with former Public Works Secretary Manuel Bonoan, Bernardo, and Opulencia set to testify.