Different case, different witness, same ‘25%’ kickback rate bared

MANILA, Philippines — A former regional director of the Department of Public Works and Highways (DPWH) on Thursday said 25 percent of the funds allocated for infrastructure projects in the 2025 national budget were given as “commitments”—or kickbacks—to the project proponents, including senators.

At the continuation of the bail hearing in the plunder case against Sen. Jinggoy Estrada, the prosecution presented former DPWH Regional Director for the National Capital Region (NCR) Gerard Opulencia before the Sandiganbayan Fifth Division.

The kickback rate given by Opulencia was consistent with the figure stated by another prosecution witness last week in another case stemming from flood control project anomalies.

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READ: Jinggoy Estrada suspended anew for plunder

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On Oct. 20, Henry Alcantara, another former DPWH official, said that what used to be just a 20-percent cut set aside as commitments rose to 25 percent during the speakership of Leyte Rep. Martin Romualdez.

Alcantara was then testifying as a prosecution witness at the bail hearing on the P7.4-billion plunder case against Romualdez.

According to Opulencia’s judicial affidavit—portions of which were read out by defense lawyer Paciano Fallar during the hearing—commitments to proponents make up 25 percent of the budget allocated for infrastructure projects under his office.

READ: Sandiganbayan suspends Jinggoy Estrada for 90 days over plunder case

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“Question 64 of your judicial affidavit states the method by which the commitment is computed. It states that a commitment is 25 percent of the GAA (the General Appropriations Act or the budget bill) allocations for the projects your office submitted,” Fallar said.

The lawyer also noted that the affidavit contained a table outlining 11 infrastructure projects, although he did not read any further information.

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Opulencia confirmed both observations.

When asked by Associate Justice Gener Gito how the commitments were accounted for, Opulencia said his office had a “strategy” in place for making certain adjustments in government projects.

‘Strategy’

“Before, in my time, we had a strategy on how we would adjust the program report. So we will have an adjustment or allowance, where we add qualifications, to consider the commitments. There was a time when there was a 5- to 10-percent allowance,” he said.

Contractors also provide commitments as “pasasalamat” or a “thank you” gesture to the proponents, the witness added.

But Opulencia maintained that he did not personally deliver money to a proponent or saw cash being handed to Estrada or his coaccused officials in the DPWH.

He said his role was limited to just making follow-ups or coordinating the deliveries.

When asked by Gito if he ever asked for a share in the kickbacks, Opulencia said he never thought of making such a request because he was already “thankful for the promotions” he received at the time.

“To be honest … I really just followed the instructions of Usec. Bernardo,” he said, referring to dismissed Public Works Undersecretary Roberto Bernardo, another official initially implicated in the corruption scandal but is now a state witness in the resulting criminal cases.

During cross-examination by defense lawyer Eldridge Marvin Aceron, Opulencia also confirmed that he had previously instructed three district engineering offices to each prepare P120 million, for a total of P360 million, as a commitment to a certain proponent.

Opulencia said Bernardo instructed him to collect the amount early last year.

At first, he said, he did not know who the money was for but that Bernardo later revealed in his affidavit that the commitment was given to Estrada.

Jinggoy seen during delivery

Again citing information from Bernardo, Opulencia said the commitment was delivered by van and in boxes containing P20 million each.

Later in Thursday’s hearing, Bernardo’s former driver and aide Vergel Niño Garcia testified that he helped deliver 12 boxes to Estrada at the Atriaga building in San Juan City. But Garcia said he did not know the contents of the boxes at the time.

According to Garcia, he personally saw Estrada during the delivery, recalling that the senator was wearing leather shoes and a collared shirt.

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Aside from Estrada, Garcia said he also made deliveries to former Education Undersecretary Trygve Olaivar, former Sen. Bong Revilla, the now-deceased former DPWH Undersecretary Catalina Cabral, former DPWH Secretary Manuel Bonoan and at a Cherry Mobile building.