BY DAVE SUAN ALBARADO
A scathing four-page legal demand filed Friday has thrust the Department of Public Works and Highways (DPWH) into the spotlight over alleged irregularities in the massive P3.4 billion Loboc River Flood-Control Works project, which has once again drawn 3rd District Rep. Alexie Besas-Tutor into controversy over flood control infrastructure in the Philippines.
Atty. Makdo Castañares, representing “Boholanos for Honest and Transparent Governance,” delivered what amounts to a legal ultimatum to the DPWH Bohol 3rd District Engineering Office, demanding complete disclosure of all documentation related to the controversial infrastructure project that has been split into two separate contracts.
“We respectfully request detailed information on the P3.4-billion Loboc River Flood-Control Program, reportedly broken into 2 sections,” Castañares wrote in his September 26, 2025 demand letter, invoking constitutional rights to information and citing multiple anti-corruption laws.
The letter presents a detailed legal analysis suggesting the project may have been artificially divided to circumvent government procurement safeguards—a practice that could constitute “grave misconduct” under Philippine law.
“If a single, integrated flood-control program was parcelled into 2 contracts to avoid higher approval thresholds, dilute competition, or circumvent required procurement methods, this may constitute unlawful splitting and grave misconduct,” Castañares declared, referencing Republic Act 9184 and its implementing rules.
Castañares demands proof that each contract segment can “stand on its own” with “distinct scopes, budgets, timelines, and end-state deliverables,” and that officials can demonstrate “the aggregate program planning did not pre-determine a split to evade rules.”
Castañares’ letter reads like a prosecutor’s checklist, demanding an exhaustive array of documentation that would expose every aspect of the project’s implementation.
For contractor and procurement details, he is seeking complete contractor information including joint venture partnerships and PCAB licenses, “BAC resolutions, Abstract of Bids, Minutes, Post-Qualification Reports, NOA, NTP, and Contracts with all Approved Budget for the Contract (ABC), bid amounts, and Variation Orders (VOs),” and detailed funding source documentation including “GAA item/program, SARO/NCAs, Sub-Allotment Advices, and cashflow/BAR variants.”
The technical specifications demanded are equally comprehensive, including design reports covering “hydraulic models, return period, water levels, scour computations” and “geotechnical investigations (bore logs, SPT/N-values, soil profiles).”
Castañares wants complete sheet-pile specifications detailing “type/grade (e.g., ASTM/EN), section modulus, required embedment depth below scour line, toe support, capping beam detail; as-built embedment/lengths, welding/locking details.”
He also demands all materials testing records including “mill certs; crushing/strength tests; field density, concrete core tests; pull-out tests; PDA/PILECAP records if applicable.”
Beyond procurement concerns, Castañares raises alarming technical red flags that could spell disaster for the flood control system’s effectiveness.
“Under-embedment of sheet piles relative to computed scour and soil parameters can lead to wall failure, scouring, and costly re-works,” the letter warns, demanding officials “attest under oath to the design embedment depths and as-built depths, and reconcile any variance with stability checks.”
Atty. Castañares is demanding complete project timelines including “Contract ID/Title • Location chainage • Scope (L/R bank, length, wall type) • ABC/Contract Price • Contractor • Start date (NTP) • Original completion date • Time extensions (reasons) • Current progress % • Billings paid to date • Pending claims/VOs.”
The letter escalates its tone when addressing potential corruption, warning that violations could result in severe legal consequences for both officials and contractors.
“Acts causing undue injury to the government or giving unwarranted benefits through manifest partiality, evident bad faith, or gross negligence—including engineer-driven over-scoping/under-design, steered awards, unjustified VOs/time extensions, or payment for unaccomplished/defective works—expose officials and contractors to criminal, civil (refunds), and administrative liability,” Castañares wrote, referencing Republic Act 3019.
Castañares demands “specific mitigation and compliance measures, conflict-of-interest checks, and BAC/Implementing Unit attestations” from responsible officials.
The letter reveals deep technical expertise in its quality control requirements, demanding complete environmental compliance reports and “spoil disposal plan; traffic/waterway management plans; ROW status and permits,” detailed unit-price analyses and quantity take-offs, “photographic & geotag logs” and independent consultant reports, “turnover/acceptance certificates,” and Gantt/CPM schedules and slippage analyses with “punch-lists; turnover/commissioning records.”
Castañares has already activated a comprehensive government oversight network, copying his demand to five key agencies: the Senate Committee on Accountability of Public Officers and Investigations (Blue Ribbon Committee), DPWH Secretary Vince Dizon, Commission on Audit Regional Office VII, DPWH Regional Office VII, and the Office of the Ombudsman-Visayas.
The DPWH has exactly ten working days to comply with the exhaustive documentation request, with Castañares warning of escalating consequences for non-compliance.
“Failure to provide complete, truthful, and timely disclosure—or production of records revealing (i) unlawful splitting of contracts, (ii) unsupported disbursements, (iii) under-designed/defective works, or (iv) payments for unaccomplished items—may warrant referral to the COA, Ombudsman, DPWH Central Office, and Congressional (Senate and House of Representatives) oversight,” the letter states.
Atty. Makdo warns that such referrals could trigger “appropriate administrative, civil, and criminal actions under RA 9184 & IRR, PD 1445, COA rules, and RA 3019 Sec. 3(e), among others.”
The DPWH Bohol 3rd District Engineering Office has not responded to requests for comment regarding Attorney Castañares’ demands.
Meanwhile, the Philippine Anti-Corruption Czar (PACC) has called for a comprehensive investigation into the suspended P3.4-billion Loboc River Flood Control Project, citing environmental violations and growing public outcry in Bohol.
PACC Chairman Dr. Louie F. Ceniza and Board of Trustee member Pastor Allan Japor said the agency is closely monitoring the project, which was halted for failing to secure an Environmental Compliance Certificate (ECC) and required approvals from the Environmental Management Bureau, the Protected Area Management Board, and the Municipality of Loboc.
The project, managed by the Department of Public Works and Highways (DPWH) Regional Office 7 and 3rd District Engineering Office, is part of a P3.4-billion flood control program in Bohol spanning 2022 to 2025.
Ceniza questioned why DPWH began construction without proper clearances, noting the project’s location near the protected Chocolate Hills Natural Monument and Loboc River.
“Why did DPWH proceed without securing the ECC and clearances required by law?” Ceniza said.
Loboc residents have expressed frustration over the project’s management.
“We want to know if our taxes are being spent wisely and if these projects will actually stop flooding,” one Boholano said.
The controversy coincides with a national scandal involving DPWH flood control projects. President Ferdinand Marcos Jr. recently identified 15 contractors allegedly linked to contract manipulation and substandard materials in similar initiatives.
PACC recommended a full technical and environmental audit, a National Bureau of Investigation probe into potential anomalies, and a Commission on Audit review of all Bohol flood control projects from 2022 to 2025.
The anti-corruption watchdog also urged transparency through the publication of project contracts, contractor details, and timelines, and called for administrative and criminal charges against any officials or contractors found negligent or corrupt.
“The Loboc River Flood Control Project represents the trust of the people,” Ceniza said.
“PACC will ensure every peso of public funds is protected and every guilty official or contractor is held accountable.”