Computer files, docs to be unsealed during Senate panel hearing
SACKED Bulacan engineer Brice Ericson Hernandez has details of transactions related to the province’s irregular flood control contracts that will back his claims that senators and congressmen were involved in the anomalous projects.
Lawyer Raymond Fortun, one of Hernandez’s legal counsels, made the statement yesterday in an interview with dzBB radio, where he said that the transactions are kept in the computer files and documents that his client retrieved when he was allowed to return to his house for 12 hours during the weekend.
Hernandez is under the custody of the Senate after he was cited in contempt by the Senate Blue Ribbon Committee during the panel’s September 8 hearing.
“Ang dami pong ebidensiya na nasa loob, at the very least… ang matutukoy natin kung sino ang proponents… Hernandez was able to specify kung sino ‘yung tao na nagpasok nitong project na ito, how much ‘yung halaga, at saan ‘yung lugar, and therefore, we can somehow extrapolate kung totoo yung sinasabing SOP. Alam na natin ngayon kung ano yung SOP nung mga taong ito (There are lots of evidence [in these computer files and documents]. At the very least we can identify who the proponents are… Hernandez was able to specify who inserted the project, how much was inserted, and their locations. And therefore we can somehow extrapolate if the said SOP [kickbacks] were true. We will know who are the people behind the SOP),” Fortun said.
The SOP, or standing operating procedure, being referred to by Fortun was the alleged 25 to 30 percent kickbacks from project costs that were supposedly given to the proponents of the budget insertions.
“Well, ang sabi ni Hernandez ay SOP, standard operating procedure, meaning kung may proponent, automatic na ‘yun kailangan may porsyento ‘yun, whether 25 or 30 percent, dapat fino-forward at binibigay na ‘yun doon sa proponent. Again, nasa kanila ‘yun kung gusto nilang i-deny. Open secret po iyon eh (Hernandez has said that there was an SOP, a standard operating procedure. Meaning, if there is a proponent, a certain percentage, whether 25 or 39 percent, will automatically be given to the proponent. Again, it’s up to them if they want to deny that but that was an open secret [in the Department of Public Works and Highways]),” Fortun said.
He did not provide more details as to what else are stored in the computer and the nature of documents, which have been turned over to the Senate Blue Ribbon Committee.
Senate President Vicente Sotto III said he allowed Hernandez to again return to his house on Monday to get the other pieces of evidence that he failed to bring to the Senate.
“Yes, to retrieve what was left yesterday [Sunday]),” Sotto said without elaborating.
The Senate Blue Ribbon Committee, which is chaired by Senate president pro tempore Panfilo Lacson, is set to unseal the evidence brought home by Hernandez during the scheduled hearing today.
Lacson said the committee has analyzed the documents and computer files surrendered by Hernandez, adding the committee expects to get to the “bottom of the case” with Hernandez’ documents.
“The important thing is to get to the bottom of the case and hold those accountable to task. Not just the Hernandezes and Alcantaras of this world, but those above them. As of now we cannot get to them until we gather enough evidence,” he said.
DESKTOP
Fortun disclosed that “someone” supposedly communicated with his partner, lawyer Ernest Levanza, and said that Hernandez has to surrender his computer desktop to the blue ribbon panel, which their camp has earlier agreed to surrender to the Independent Committee on Infrastructure (ICI), which is investigating suspected anomalous government infrastructure projects for the past 10 years.
Fortun said it was not a senator who contacted Levanza on Sunday night. He refused to divulge more when asked to elaborate.
He said the person supposedly threatened that the Senate panel would revoke the legislative immunity granted to Hernandez if they do not surrender the desktop to the upper chamber.
The order, he said, is puzzling since they have already provided the Lacson committee with printed copies of Hernandez’s computer files and other documents.
Besides, he added, they cannot turn over the desktop to the Senate because they have committed to surrender it to the ICI.
“Ang problema gusto nilang kunin ‘yung buong computer and kami, yung lawyers ni Hernandez, si Atty. Ernest Levanza and myself, we have already decided ibigay ‘yung lahat ng ebdensiya sa ICI, simply because we believe independent commission ‘yan eh. Naniniwala kami na dapat maging maayos ‘yung investigation at para talagang matuunan na yung puno’t dulo, walang bahid ng any bias, or interest or pino-protektahan ng ilang mga kabaro (The problem is they wanted to get hold of the desktop computer, but we, the lawyers of Hernandez — Atty. Ernest Levanza and myself — we have already decided to give all the evidence to the ICI simply because we believe that it is an independent commission. We believe that the commission will conduct a more factual investigation to get to the bottom of this without an iota of bias, interest, or not having any thoughts that they may shield a colleague),” he said.
Fortun was quick to clarify that they are not questioning the impartiality of Lacson, and in fact, he said they believe that Lacson is credible in leading the Senate probe.
“We totally respect the impartiality of Sen. Lacson but ito yung mga dokumento na binigay namin for now which will allow them now to continue their investigation. Pero di ba mas mabuti para magtuloy-tuloy at mas mabilis yung magiging resulta na inaasam ng ating taumbayan na ibigay na lahat ng nilalaman nitong computer na ito sa ICI para maging impartial yung investigation (We totally respect the impartiality of Sen. Lacson but these are also the same documents we gave them for now, which will allow them to continue their investigation. But I think it will be better if the investigation is continuous so that the results will be faster as expected by the people. That’s why we decided to give all the evidence to the ICI for an impartial investigation),” he added.
In a text message, Lacson confirmed that the panel has sought to have custody over Hernandez’s desktop computer.
“Up to him. That’s his computer. The committee will also exercise its prerogative to withdraw his legislative immunity and not recommend his admission into the WPP because he has reneged on his commitment to fully cooperate.”
He said, though, that there is “no conflict with ICI as to who can take possession of Hernandez’s computer. After all, I’ve been very consistent in saying that anything of evidentiary value, we will turn over to the ICI after all.”
WPP
Fortun said Hernandez is willing to surrender more of the kickbacks that he earned from anomalous flood control contracts to prove his remorse, including his Lamborghini and Ferrari sports cars, and the money he amassed subject to the determination of the government or the ICI.
Last Friday, Hernandez surrendered to the ICI his black GMC Yukon Denali sports utility vehicle worth P12 million.
Fortun said Hernandez has told the ICI that he wants to be admitted to the government’s Witness Protection Program (WPP), but he was advised to first submit the evidence that he has so the ICI can evaluate them and determine if he is qualified to be a state witness.
“It’s the ICI who will make the determination if he would fit the requirements for him to become a state witness. May specific provisions po kasi ‘yan sa batas (Because there are specific provisions under the law for you to qualify as state witness),” he said.
INHIBIT
Fortun said senators linked to the FCP mess should inhibit from asking questions to Hernandez during the committee hearings, saying their continued grilling of his client creates an “element of intimidation.”
“From a legal and professional [point], it is just right to let someone else question your accuser. At the very least delicadeza (out of a sense of propriety). It can be done because once you question your accuser, the element of intimidation is created,” he said.
Hernandez has alleged before the House Infrastructure Committee during its September 9 hearing that Senators Jinggoy Estrada and Joel Villanueva allegedly each got 30 percent in commissions from Bulacan flood control projects that were allegedly funded by their budget insertions in 2025 and 2023, respectively.
The two senators have denied the allegations.
Lawyer Bianca Soriano, newly-designated spokesperson of Estrada, said the senator will not inhibit from attending the Blue Ribbon Committee hearing today.
“There is no valid ground nor sound reason for Senator Estrada to inhibit from the Blue Ribbon Committee. He has consistently denied the baseless allegations against him and remains committed to performing his duties with impartiality and integrity,” Soriano said.
She said Estrada stands “firm and consistent” that he does not have anything to do with the alleged P355 million insertion in the 2025 national budget or in any anomalous FCPs in Bulacan.
“We remain confident that no evidence exists linking him to any supposed kickbacks in flood control projects,” she added.
Villanueva has earlier also denied the allegations that he inserted P600 million worth of projects in the 2023 national budget.
‘ORIGINAL SIN’
Senate president pro tempore Panfilo Lacson yesterday said Congress is the “original sin” that should be blamed for the FCP fund scam, so it is only logical that the Blue Ribbon Committee investigation must this level.
In an interview with True FM Radio, Lacson said the Senate investigation would dig deeper and go beyond the Bulacan Group of Contractors or the BGC Boys and other DPWH officials.
He said the persistent floodings despite trillions of pesos spent in FCPs through the years have turned the lives of Filipinos “into a living hell,” thus, those involved must be held accountable.
“We must make sure that the logical conclusion does not stop with Henry Alcantara, Brice Hernandez, Sally Santos, or the Discayas. We must see to it that the logical conclusion reaches the original sin,” he said.
He said lawmakers are to blame for the insertions they made on the national budget, otherwise, “there would be no funds for corrupt Department of Public Works and Highways official to play with, especially in the district engineering offices.”
“It has come to a point where corruption became systemic, where even junior functionaries invent their own money-making schemes,” he said.
Lacson said former DPWH secretary Manuel Bonoan and former DPWH undersecretary Robert Bernardo have been invited attend the hearing.
ICI
Sotto and Lacson separately met with the three-member ICI at their office inside the Department of Energy compound in Taguig City yesterday.
Sotto said he briefed the ICI on the Senate procedures on budget amendments and how insertions were made in the national budget.
Sotto gave no other details of the meeting, but his office said he was first to be “interviewed” by the members of the ICI, followed by Lacson.
The meeting was held at 1 p.m.
“(They) want me to brief them on Senate procedures re: budget amendments and insertions,” Sotto said in a Viber message to the media.
Before the ICI meeting, Sotto said that he and Lacson met with Justice Secretary Jesus Crispin Remulla to discuss matters related to today’s committee hearing. He did not elaborate.
ICI chairman Andres Reyes, in a statement, yesterday condemned the reported destruction and tampering of DPWH official documents related to suspected anomalous flood control contracts.
Reyes said: “Such acts constitute not only a blatant obstruction of ongoing investigations but also a direct assault on the public’s right to transparency and accountability. The deliberate concealment or alteration of records undermines the rule of law and weakens the people’s trust in government institutions tasked to safeguard public resources.”
Aside from Reyes, the other members of the commission are former public works secretary Rogelio Singson and SyCip Gorres Velayo & Co country manager Rossana Fajardo. Baguio City Mayor Benjamin Magalong was named special adviser and investigator.
The ICI said that all records relating to public works are public property and that any attempt to destroy, falsify, or conceal them is a grave offense that carries both administrative and criminal liability.
It then urged all officials and employees of the DPWH to fully cooperate with its investigation and to preserve the integrity of all documents and evidence under their custody.
“The ICI remains steadfast in its mandate to uncover the truth behind anomalous flood control projects and to ensure that those responsible are held accountable,” Reyes said.
DPWH Secretary Vince Dizon has earlier suspended Baguio City District Engineer Rene Zarate for allegedly destroying and tampering with official DPWH documents in connection with infrastructure projects in the city.
Reports said Zarate has refused to cooperate with the ICI probe.
Dizon said he has previously issued a memorandum requiring all DPWH offices from the central, regional, and district engineering offices to submit the documents, information and testimonies to the ICI.
“I have also issued a memo directing all offices in DPWH from the central office, regional office, and district offices to preserve and submit to the ICI all the documents related not only to flood control but all infrastructure projects in the past 10 years. And if they do not comply, they will suffer the same fate that Renee Zarate suffered,” Dizon had said in an earlier interview.
BULACAN CHURCH
The National Shrine of Nuestra Señora de la Inmaculada Concepción de Salambao, also known as the San Pascual Baylon Parish, in Obando in the province of Bulacan yesterday said it would return the luxury car donated by sacked public works district engineer Henry Alcantara last year.
In a statement, the San Pascual Baylon Parish said they are returning the Nissan Navara donated by Alcantara back in June 2024 amid his involvement in anomalous flood control projects (FCPs) in the province.
Alcantara, the former district engineer of the Bulacan 1st District Engineering Office of the Department of Public Works and Highways (DPWH), is among the central figures who have been identified in the FCP corruption scam, which has extended to members of Congress.
Alcantara has been named as the alleged head of the Bulacan Group of Contractors (BGC Boys), who were allegedly behind the multiple “ghost” and substandard FCPs in Bulacan.
The group has been accused of accepting bribes from contractors in exchange for DPWH contracts, and of allegedly giving kickbacks to lawmakers who insert funding for FCPs in Bulacan in the annual budget.
“Due to the reports and accusations of corruption against Mr. Henry Alcantara, the Pastoral Council of the Parish of San Pascual Baylon immediately discussed and considered the appropriate action, and we agreed to return the said donation,” said the San Pascual Baylon Parish.
“We are currently taking the necessary steps to return it in the right manner to the right person or institution and through the appropriate legal process,” it said.
The San Pascual Baylon Parish said the decision is in accordance with the stance and directives of the Diocese of Malolos, as well as the Catholic Bishops Conference of the Philippines (CBCP).
The Parish said the vehicle was donated by Alcantara in June 1, 2024, and was received by the church “in good faith.”
“We accepted this in good faith because of the need for the ongoing pilgrimage or visitation of the image of the Blessed Virgin of Salambao to reach various areas,” it said.
It apologized to its parishioners, noting that the matter has raised concerns to the Church and the people.
“We apologize and would like to convey our commitment to true appreciation for justice and what is right,” the San Pascual Baylon Parish said. – With Jocelyn Reyes and Gerard Naval
