Charged with violation of the anti-graft and corrupt practices act before the Ombudsman were DPWH Eastern Visayas regional director Jaime Pacanan; DPWH Director 3 (retired) Celso Lumaniog; district engineer Baltazar Ausa; OIC district engineer Francisco Vinegas; engineer 3 Christine Buena; engineer 2 Eduardo Pelias; admininstrative officer 2 Erda Gabiana, senior bookkeeper Ma. Regina Versoza; and DPWH special agent and designated acting cashier Tomas Fabillo Jr.
Private contractor Domingo Fuentabella, owner of Dover Construction, was also charged with corruption.
In his complaint, Ebdane narrated that Pacanan sent him a letter saying he transmitted an investigation report on the projects implemented by the Tacloban City Sub-District Engineering Office (TCSDEO).
It turned out Pacanan had conducted an investigation on the TCSDEO but Ebdane discerned that the investigation report was merely a fictitious document.
Right after he received the report, Ebdane ordered the DPWH’s Internal Audit Service to conduct a special audit of the projects approved and implemented by the TCSDEO and the Leyte First District Engineering Office.
Last May 10, Ebdane found out there were anomalous transactions at the TCSDEO through the audit report submitted by the DPWH-IAS. The audit department detailed alleged anomalous transactions entered into by the respondents and it recommended that appropriate charges should be filed against them.
Ebdane said in his complaint that the road rehabilitation project was awarded to Dover Construction even though it was not included in the list of bidding contractors allowed to participate in the eligibility processing.
Ebdane noted that DPWH Region 8 had issued a Regional Office Allotment Advice (ROAA) to the TCSDEO for the appropriation of P5 million for the road project from the Comprehensive Agrarian Reform Program Fund 158 for Calendar Year 2004 on Aug. 2 of that same year.
Ebdane said that on Aug. 13, 2004, the amount of P4,688,666 was credited to Dover Construction even if it was not among the bidding contractors.
He added that the accused DPWH officials facilitated the payment of P11,457,915.54 in favor of Dover Construction despite the fact that it was not one of the eligible contractors bidding on the project and that the amount paid was way beyond the appropriated amount of P5 million.
Ebdane said the P11,457,915.54 was also drawn from a different DPWH bank account instead of the mandated CARP Fund 158.
"Verily, when public respondents facilitated and made the payments in favor of Dover Construction despite being premature, void and unauthorized at that point, public respondents conspired with private respondent," Ebdane said.