Flood control mess: Justice questions immunity of Bernardo, Alcantara

MANILA, Philippines — A Sandiganbayan justice on Tuesday questioned the immunity of former Department of Public Works and Highways (DPWH) Undersecretary Roberto Bernardo, who was said to be the brains behind the “commitment” or kickback scheme involving proponents of flood control projects.

Associate Justice Ronald Moreno, a senior member of the antigraft court’s third division, made the pronouncement as John Carlo Rivera, a DPWH engineer and former personnel of former DPWH Bulacan 1st District Engineer Henry Alcantara, took the witness stand and testified that Bernardo and Alcantara “devised” the commitment scheme.

READ: Ex-DPWH exec to testify vs Bong Revilla in Sandiganbayan bail hearing

Rivera testified during the malversation trial of former Sen. Bong Revilla, whom Bernardo accused of demanding a 30 percent commitment for projects, including the flood control project in Pandi, Bulacan, which prosecutors alleged was a ghost project.

Moreno asked: “Will you confirm that this [commitment] scheme was devised and implemented by Bernardo and Alcantara?” 

“I think so, you honor,” Rivera said, but he later told the court that he had no direct dealings with Bernardo.

“Why then, will the state grant immunity to these people who are the ones inventing this scheme?” Moreno asked.

“And then, they will be free, by returning a little amount which they gained,” he added.

READ: State witness a billionaire? Bernardo vows to return P1B to gov’t

Bernardo and Alcantara restituted funds and vowed to return P1 billion and P300 million, respectively, to the government’s coffers to qualify for admission into the government witness protection program.

Moreno also wondered why Rivera was not granted immunity when he had “better testimonies” than other state witnesses because of his direct participation in the scheme.

Rivera said his role was to deliver the kickbacks he collected from contractors to Alcantara. The engineer also said he made deliveries to project proponents.

During questioning by Third Division Chairperson Justice Karl Miranda, Rivera testified that, by his estimate, he made deliveries to Alcantara “around 50 times,” involving amounts ranging from P2 million to P10 million.

For performing such errands, Rivera said he received P10,000 a month.

Moreno asked whether he had “blindly” followed Alcantara in the hope of being promoted, and Rivera answered in the affirmative.

However, Rivera said he is now considering resigning from the DPWH.

“People like this should not stay in the government anymore,” Moreno said. “If this cools down, they will just find another way.” /mcm