Three years of investigation may go down the drain as several of the 20 officials and employees of the Department of Public Works and Highways (DPWH) charged recently with plunder over a P134-million vehicle repair scam are said to have fled the country.
The others are just plain missing.
Sources at the DPWH revealed yesterday that some employees might have left for abroad in January. The Office of the Ombudsman filed the plunder case with the Sandiganbayan last Friday.
Plunder is a non-bailable offense. The Ombudsman has said the evidence is strong enough to convict the accused.
Ten private individuals, all suppliers of vehicle spare parts, were also charged with plunder.
The charges stemmed from the alleged P134-million "ghost" and exorbitant repairs of DPWH vehicles, which were exposed by The STAR last year. In some instances, department funds for other uses were diverted to cover the cost of repairs.
DPWH Undersecretary Rafael Yabut admitted they have yet to account for the 20 officials and employees charged along with the accused DPWH suppliers.
Some of those charged have gone on leave while at least one is known to have fled abroad, said Camilo Foronda, chief of the DPWH legal department.
According to a source, at least one DPWH official charged in the scam took off for another country as early as last December.
Government prosecutors earlier said they will move for the Bureau of Immigration to place on their hold-departure list all 30 respondents in the case once the plunder charges are acknowledged by the anti-graft court.
Apparently, the government was outwitted by the accused even as criminal charges were recommended to be filed against them as early as two years back.
In January 2003, then DPWH Secretary Simeon Datumanong ordered the sacking and suspension of several of his officials and employees involved in the alleged vehicle repair scam.
Many of the accused, however, managed to obtain a restraining order while the DPWH investigation panel had its hands full resolving pending motions for reconsideration.
One of the accused, Nelson Umali, erstwhile head of the intelligence and investigation division of the DPWH, admitted "keeping a low profile" at the moment until his lawyers are able to file a motion for reconsideration with the Ombudsman.
"The problem with the Ombudsman is that it went to television and print (newspapers) even before allowing us the time to file a motion for reconsideration," Umali told The STAR in a phone interview.
Umali lamented he was not given a chance to explain his side.
Chief Special Prosecutor Dennis Villa Ignacio earlier said they will move to confiscate all the assets and properties acquired by all 30 accused in the scam, including bank deposits.
Aside from the plunder charges, Villa Ignacio said they will also file charges of graft, swindling and falsification of public documents against the accused before the Sandiganbayan.
The filing of the charges came from an exhaustive investigation by Ombudsman, which found that one of the respondents, DPWH motorpool chief Maximo Borje was the "hub" of the scam when he personally raked in P82.3 million in "reimbursements" from March to December 2001, Villa Ignacio said.
He said about 521 vehicles of the DPWH were "repaired" by Borje and his cohorts.
Aside from Borje and Umali, among those charged were DPWH directors Burt Favorito, Florendo Arias, and personnel Erdito Quarta, Agerico Palaypay, Napoleon Anas, Danilo Planta, Luisito de la Rosa, Rogelio Beray, Norma Villarmino, Ricardo Juan, and Ma. Luisa Cruz.
Also charged were employees Melissa Espina, Violeta Tadeo, Jessica Catibayan, Violeta Amar, Ronaldo Simbahan, Felipe San Jose and Rolando Castillo.
Among the private individuals included in the charge sheet were vehicle spare parts suppliers Conchita de la Cruz, Janette Bugayong, Jesus Capuz, Rodellia Uy, Romeo Fullido, Nanette Fullido, Victoria Go, Carmelito Edem, Augusto Capuz and Vicente Santos Jr.
Ombudsman Simeon Marcelo said Borje and the other respondents "conspired and took advantage" of their position to misuse public funds for fictitious vehicle repairs and appropriated them for their benefit.
Three employees, who Villa Ignacio said were privy to the scam, came forward to expose the anomaly and were subsequently made state witnesses by the Ombudsman.
Villa Ignacio said the three witnesses were not among the most guilty and could be placed under the Witness Protection Program of the Department of Justice (DOJ).
Last year, President Arroyo dismissed five DPWH executives in relation to the repair scam based on the recommendation of the Presidential Anti-Graft Commission (PAGC).
Aside from Arias and Favorito, the other DPWH directors dismissed were Emily Tanquintic, Abraham Divina Jr. and Oscar Abundo after the PAGC found them liable for "dishonesty, grave misconduct, gross neglect of duty and conduct prejudicial to the best interest of the service."
Datumanong had earlier relieved 38 DPWH personnel for their involvement in the multi-million vehicle repair scam.
Datumanong has admitted the existence of the anomaly for the last 20 years in the DPWH, but it is only that efforts are stepped up to clean the ranks of one of government’s most corrupt agency.