A ledger documenting cash payouts to lawmakers and public works officials has surfaced at the center of the flood control scam, with contractors Cezarah and Pacifico Discaya naming politicians and engineers they accuse of demanding kickbacks from flood control and road projects.
The Discayas, whose companies have secured billions of pesos in government contracts, told senators they want to testify as state witnesses, a designation that requires court approval and can only be granted if they are not considered the least guilty parties.
“Officials repeatedly exploited us… we had no choice because if we did not cooperate, they would create problems for the awarded project through mutual termination or right-of-way issues, both of which would prevent the project from being carried out,” Pacifico, also known as ‘Curlee,’ said.
The contractors alleged lawmakers and engineers routinely demanded commissions ranging from 10 to 25 percent of project values, with payments usually made in cash.
Pacifico said they recorded the transactions in the ledger and could identify the alleged bagmen, many of whom personally collected payouts or sent representatives.
Under Rule 119 of the Revised Rules of Criminal Procedure, only prosecutors may move to designate state witnesses, and the court must decide before the case rests, typically under the Ombudsman’s authority unless the Justice Department is deputized.
Senator Rodante Marcoleta, chair of the Senate Blue Ribbon Committee, said he is working with the Department of Justice (DOJ) to clarify how the couple’s cooperation could proceed.
“They can have provisional immunity so that they will not simply be prosecuted right away. This is preparation for their application under our state witness program. That is the assurance he (DOJ Sec. Jesus Crispin Remulla) gave me, and that is what I can share with you now,” the lawmaker said.
Among those accused were Pasig City Rep. Roman Romulo—a political rival of Cezarah, nicknamed ‘Sarah’—while other House members listed include Reps. James Ang, Patrick Michael Vargas, Arjo Atayde, Nicanor Briones, Marcelino Teodoro, Florida Robes, Eleandro Jesus Madrona, Benjamin Agarao Jr., Florencio Gabriel Noel, Leody Tarriela, Reynante Arrogancia, Marvin Rillo, Teodorico Haresco Jr., Antonieta Eudela, Dean Asistio, and Marivic Co Pillar.
The couple also named several Department of Public Works and Highways (DPWH) officials, including regional directors, undersecretaries, and district engineers, as part of the network that allegedly enforced the payoff system.
Pacifico claimed they were forced to absorb the costs of kickbacks, leaving them with reduced profits or losses on several projects, and said they sought to recover by securing additional contracts.
He further alleged that DPWH officials often name-dropped House Speaker Martin Romualdez and Ako Bicol party-list Rep. Zaldy Co, previously the House Committee on Appropriations chairperson, to pressure contractors into paying.
Several lawmakers have issued denials, including Romualdez, Romulo, Tarriela, Robes, Madrona, Teodoro, and Atayde, calling the accusations false, malicious, or politically motivated.
Romualdez dismissed the allegations as mere name-dropping, while Teodoro said the contracts in question were awarded before his term.
Tarriela rejected any link to anomalous projects, Robes defended San Jose del Monte’s infrastructure as transparent, and Atayde said he never had dealings with the contractors.
Despite the denials, senators are preparing to subpoena the Discayas’ ledger, which could become a crucial piece of evidence in the inquiry into alleged systemic corruption in public works contracts.
