NBI recommends filing of charges vs personalities named by ex-DPWH Usec Bernardo in ‘anomalous’ flood control projects

The National Bureau of Investigation (NBI) recommended the filing of criminal complaints against the personalities named by former Department of Public Works and Highways (DPWH) undersecretary Roberto Bernardo as allegedly involved in the “anomalous’ flood control projects.

“After evaluating everything and the supplemental affidavit that they just drew up with his (Bernardo’s) lawyers, the NBI recommended the filing of the complaints,” Justice Secretary Jesus Crispin C. Remulla said.

Remulla also said that those named by Bernardo may face charges of malversation of public funds and indirect bribery, among other criminal offenses.

Bernardo read before the Senate Blue Ribbon Committee on Thursday morning, Sept. 25, his affidavit which revealed the alleged involvement of Ako Bicol Party-list Rep. Zaldy Co, Sen. Francis “Chiz” Escudero through businessman and campaign contributor Maynard Ngu, former senator Ramon “Bong” Revilla, former senator Nancy Binay, Commission on Audit (COA) Commissioner Mario Lipana, and Department of Education Undersecretary Trygve Olaivar.

After his appearance before the Senate, Remulla said Bernardo was brought to the DOJ on Thursday to provide more details of what he knows and to execute a supplemental affidavit.

“Dinetalye lang para maging actionable ‘yung initial affidavit n’ya (He provided details so that his first affidavit will be actionable),” Remulla said.

He noted that Bernardo was with his lawyers when he made the supplemental affidavit before representatives of the National Prosecution Service (NPS) and the NBI.

“I let their lawyers work with the NBI and NPS. So, everything’s transparent. It’s hard for me to be dictating the content of the affidavit,” he assured.

Meanwhile, Remulla said the DOJ has started evaluating Bernardo as a state witness on top of being a protected witness.

The DOJ has already provisionally placed in its Witness Protection Program (WPP) DPWH Bulacan First District’s former district engineer Henry Alcatara; DPWH First Distric’s former assistant district engineers Brice Hernandez and Jaypee Mendoza; and spouses Cezarah “Sarah” Discaya and Pacifico “Curlee” Discaya as protected witnesses.

“For them to become state witnesses is another matter,” Remulla stressed.

Also, Remulla said that Orly Regala Guteza, the former security aide of Co, has also sought to be placed under the WPP.

“Guteza is also applying for witness protection,” said Remulla who noted that he received an affidavit requesting that Guteza be also placed under the WPP.

Meanwhile, Remulla assured the government is tracking the travels of Co who, according to news reports, has left the United States and has headed to Spain.

“He’s being tracked already. We’re trying to track him and maraming tumutulong na tao (there are many people helping),” he said.

He added that the DOJ has placed Co in an Immigration Lookout Bulletin Order (ILBO).