RIVER OF CORRUPTION: PHP3.4 Billion Question Mark: Sparse steel structures stand along the Loboc River banks — the visible remnants of Bohol’s controversial flood control project. With only minimal framework in place, residents and observers question where the massive budget has gone and whether this will truly protect the Boholanos from flooding. Contributed photo
The Department of Public Works and Highways (DPWH) is confronting mounting pressure to disclose comprehensive documentation for the alleged P3.4-billion Loboc River Flood-Control Works, a project within the constituency of Bohol Third District Rep. Alexie Kristine Besas-Tutor.
This surfaces following a detailed legal demand alleging potential procurement irregularities and technical deficiencies that could threaten the infrastructure system’s integrity.
Atty. Makdo Castañares, representing Boholanos for Honest and Transparent Governance, delivered a reply four-page demand letter Friday to the DPWH Bohol 3rd District Engineering Office, requesting exhaustive project records and warning of severe legal consequences for non-compliance.
The Oct. 1, 2025, correspondence marks an escalation in scrutiny of the massive flood control initiative, which has been divided into 17 project sections, raising questions about whether the segmentation violated government procurement safeguards designed to ensure transparency and competition.
According to Castañares’ correspondence, DPWH responded Oct. 1, 2025 with what he characterized as “generalized assurances, lacking any attached or referenced supporting documents,” and deferred accountability to NBI cooperation, “implying that full disclosure is not necessary.”
“Your response merely provided generalized assurances, lacking any attached or referenced supporting documents,” Castañares wrote in his reply. “Such omission undermines accountability and treats our request as a formality instead of substantive oversight.”
He argued that cooperation with investigative agencies “does not exempt your office from directly responding to oversight and transparency requests” and that “accountability demands proactive reporting—not conditional disclosure.”
Castañares invoked multiple legal frameworks in demanding full project disclosure, including Executive Order No. 2, s. 2016 on Freedom of Information, DBM Circular 542 on transparency requirements, Republic Act No. 12009, and RA 9184 mandating procurement transparency.
The letter references Section 1, Article XI of the 1987 Philippine Constitution, which declares that public officers “must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency.”
“The failure to disclose documents relevant to public infrastructure constitutes a breach of this constitutional duty,” Castañares wrote, warning that continued evasion could lead to administrative sanctions and criminal prosecution under anti-graft laws.
Central to Castañares’ crusade is whether the project was artificially divided to circumvent approval thresholds and dilute competitive bidding requirements—a practice that could constitute grave misconduct under Philippine law.
“If a single, integrated flood-control program was parcelled into [multiple] contracts to avoid higher approval thresholds, dilute competition, or circumvent required procurement methods, this may constitute unlawful splitting and grave misconduct,” the letter says.
Castañares demands proof that each contract segment can “stand on its own” with distinct scopes, budgets, timelines and deliverables, and that officials can demonstrate the project planning did not predetermine segmentation to evade regulations.
The demand letter functions as an exhaustive audit checklist, requesting documentation across multiple categories that would expose every aspect of project implementation.
For procurement and contracting, Castañares seeks complete implementing contractor information for each section, including joint venture structures, SEC/DTI details, PCAB licenses and specialty classifications, and SLCC documentation used to establish contractor qualifications.
He demands BAC resolutions, Abstract of Bids, Minutes, Post-Qualification Reports, Notice of Award, Notice to Proceed, and complete contracts with approved budgets, bid amounts and variation orders.
Funding documentation requests include detailed source information covering GAA items and programs, SARO/NCAs, sub-allotment advices and cashflow/BAR variants.
The technical requirements demanded reveal deep engineering expertise and concern about potential structural failures.
Castañares requests complete design reports including hydraulic models, return period calculations, water level projections and scour computations, along with geotechnical investigations covering bore logs, SPT/N-values and soil profiles.
Sheet-pile specifications are particularly emphasized, with demands for type and grade information, section modulus calculations, required embedment depth below scour line, toe support details, capping beam specifications and as-built embedment lengths and welding details.
“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 design versus as-built embedment depths and reconcile any variances with stability checks.
Materials testing records are also demanded, including mill certificates, crushing and strength tests, field density measurements, concrete core tests, pull-out tests and PDA/PILECAP records where applicable.
Castañares demands a comprehensive summary table for all 17 sections containing contract identification and titles, location chainage, scope specifications including left or right bank placement and wall types, ABC and contract prices, contractor identification including joint venture partners and PCAB classifications, NTP start dates, original and adjusted completion dates with time extension justifications, current progress percentages, billings paid to date and pending claims or variation orders.
The letter also requests sheet-pile specifications and required embedment depths, as-built embedment measurements, test results and certifications, key drawings including IFC, shop and as-built documents, geotechnical report references, ECC references and COA status indicators.
Additional submissions demanded include programs of work, detailed unit-price analyses, quantity take-offs and pay items, photographic and geotag logs, independent consultant reports if any, and turnover and acceptance certificates.
Corruption Warnings
The demand letter escalates when addressing potential corruption, warning that violations could trigger 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, citing RA 3019.
The letter demands specific mitigation and compliance measures, conflict-of-interest checks and BAC/implementing unit attestations from responsible officials.
Castañares warns that DPWH officials take an Oath of Office swearing to uphold the Constitution and faithfully discharge duties without mental reservation or evasion—an oath that “is not ceremonial—it is binding and enforceable.”
The DPWH Bohol 3rd District Engineering Office has exactly 10 working days from Sept. 26, 2025, to provide the requested documentation, 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.
Such referrals could trigger appropriate administrative, civil and criminal actions under multiple laws including RA 9184 and its implementing rules, PD 1445, COA rules and RA 3019 Section 3(e).
Castañares has already activated a comprehensive government oversight network by copying his demand to five key agencies: the Senate Committee on Accountability of Public Officers and Investigations, DPWH Secretary Vince Dizon, Commission on Audit Regional Office VII, DPWH Regional Office VII and the Office of the Ombudsman-Visayas.
The DPWH Bohol 3rd District Engineering Office has not responded to requests for comment regarding the demand letter.
PACC Calls for Comprehensive Investigation
The controversy intensified as the Philippine Anti-Corruption Commission called for a comprehensive investigation into the suspended 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 and required approvals from the Environmental Management Bureau, the Protected Area Management Board and the Municipality of Loboc.
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.
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 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.”