Flood control: DOJ opens probe into 20 linked to Balamban projects

CEBU CITY, Philippines — The Department of Justice (DOJ) formally opened a preliminary investigation into 20 individuals allegedly involved in two flood control projects in Balamban, Cebu, after receiving separate criminal complaints from the National Bureau of Investigation (NBI) that accuse them of graft, malversation, falsification, and procurement violations.

The National Prosecution Service (NPS) confirmed on Tuesday, August 4, that it received two complaints the NBI Cebu District Office had filed against the same 20 respondents. They were all tied to two separate flood control projects under the jurisdiction of the Department of Public Works and Highways (DPWH) Cebu 3rd District Engineering Office.

Prosecution Attorney Polo Martinez said that the first complaint reached the DOJ on July 29. A second complaint involving the same respondents and charges, but covering another flood control project, followed afterward.

“The National Prosecution Service of the DOJ confirms that it has received two separate criminal complaints filed by the NBI Cebu District Office against 20 individuals—officials and employees of the DPWH Cebu 3rd District Engineering Office,” Martinez said during a press briefing.

Flood control inquiry includes private individuals

He said that the respondents include engineers, other DPWH personnel, and several private individuals who allegedly participated in the bidding and implementation of the two projects.

“These are all individuals, either private or public officers, [from the] Third District Engineering Office of Cebu… Barangay Sinsin, Balamban, to be specific,” Martinez said.

Martinez stressed that the DOJ has only begun conducting a preliminary investigation and has yet to determine whether sufficient evidence exists to file charges in court.

Preliminary investigation begins

“The Department wishes to stress that these are complaints for purposes of preliminary investigation at this stage—preliminary investigation only. No conclusive finding has been made yet,” he said.

He added that every respondent will receive the opportunity to answer the allegations.

“Every respondent will be given the opportunity to submit a counter-affidavit and controvert the evidence against him or her before the Department of Justice resolves the complaints,” Martinez said.

The complaints accuse the respondents of committing seven criminal offenses arising from the two flood control projects.

Seven offenses cited

These include:

Technical malversation under Article 220 of the Revised Penal Code;

Malversation of public funds under Article 217;

Violations of Sections 3(e) and 3(g) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act;

Perjury under Article 183;

Falsification by private individuals and use of falsified documents;

Falsification of documents by public officers; and

Violations of Section 65(b), Paragraphs 2 and 4 of Republic Act No. 9184, or the Government Procurement Reform Act.

Martinez declined to identify the respondents individually during the briefing but said that the DOJ would later release the complete list.

Wider flood control probe

He also said the department could not yet confirm whether all respondents still hold positions in government.

“Iba-iba po sila. (They’re all different) I can’t say for sure yet… what we know is that they were either private individuals or public officers,” he said.

The DOJ said that the Balamban complaints form part of the national government’s broader investigation into alleged anomalies involving flood control projects.

Martinez said that prosecutors remain ready to evaluate additional complaints that law enforcement agencies may file.

“These two complaints form part of the broader inquiry into flood-control-related anomalies in the country. Should further complaints be filed… this office will evaluate them under the applicable rules and procedures,” he said.

NBI earlier recommended charges

Last month, NBI Central Visayas Supervising Agent Gregorio Algoso Jr. announced that investigators had completed their probe. They endorsed the cases to the DOJ for evaluation.

The investigation stemmed from reports received in December 2025 involving two DPWH flood control contracts.

According to the NBI, investigators found that the geographic coordinates identified in one contract did not correspond to any existing flood control structure. This prompted a broader inquiry that uncovered two alleged ghost projects.

The bureau recommended criminal charges against the contractors and DPWH personnel involved in the implementation of the projects.

Former Cebu Third District representative Pablo John Garcia has denied that the projects were fictitious. He said that the flood control structures were completed in a different barangay along the same river.

He then challenged the NBI, DPWH, and the Commission on Audit to conduct a joint inspection of the sites.

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