‘FRIVOLOUS COMPLAINT’: DPWH-W. Visayas Officials to Sue So-Called ‘Watchdog’

By Francis Allan L. Angelo

Officials from the Department of Public Works and Highways (DPWH) Region VI announced on May 21 their plan to pursue legal action against Mr. Carlo M. Batalla, president of the watchdog group Crimes and Corruption Watch International, Inc. (CCWI), following what they labeled as a “frivolous” complaint filed by Batalla.

The statement came in the aftermath of Batalla’s press conference, where he publicized a complaint affidavit filed earlier the same day, accusing DPWH Region VI officials of procurement anomalies and project delays.

The complaint centers on allegations of negative slippages in ongoing infrastructure projects involving the DPWH and International Builders Corporation (IBC).

In his public remarks, Batalla claimed the DPWH allowed IBC to continue winning contracts despite previous performance failures, which he said violates Section 34.3.b.ii of the Implementing Rules and Regulations of Republic Act No. 9184, the Government Procurement Reform Act.

Batalla alleged that the total amount in question reaches PHP2.4 billion.

The DPWH Region VI officials responded with a collective press statement denouncing Batalla’s actions as a deliberate campaign of harassment and defamation.

The officials noted that “Garrett Batalla Fernandez” posted a link to the supposed complaint-affidavit on the “Carlo Batalla” Facebook page, making it public.

DPWH officials stated Batalla “unilaterally embarrassed, maligned and besmirched the reputations not just the officials of DPWH Region VI, but also the institution that they represent” during the press conference.

They assert that this public dissemination “caused numerous people to post, share, and comment,” leading to “embarrassment of the undersigned officials and the office, causing suffering to their families and representative members.”

As of their press statement, DPWH officials had “yet to receive any notice or order pertinent to the supposed complaint affidavit filed” by Batalla.

The press statement suggests “Garrett Batalla Fernandez” previously violated procurement laws related to “negative slippages” under the Government Procurement Reform Act.

These alleged violations occurred “when they awarded or recommended the award of contracts in favor of the International Builders Corporation (IBC).”

DPWH Region 6 officials emphasized this is not the first time CCWI has filed similar cases against DPWH personnel.

CCWI previously filed cases against DPWH Region 6 personnel, including Carlo M. Batalla versus Nerio D. Bueno, et al. and Carlo M. Batalla versus Mark Anthony M. Alejo, et al., involving projects awarded to IBC.

CCWI also filed a case against DPWH Antique Engineering District officials concerning IBC and other contractors’ projects.

DPWH Region 6 stated that the Office of the Ombudsman dismissed these previous CCWI cases “for lack of basis” via Joint Resolutions on March 12, 2024, and August 1, 2024.

The Ombudsman characterized CCWI’s submitted data in the dismissed cases as “could not be verified” and “unauthenticated by any witness.”

The March 12, 2024, Joint Resolution highlighted that CCWI “did not even bother to secure any official documents” to support claims of negative slippages.

Considering past dismissals, DPWH officials reiterate that the current case is “just as frivolous and filed solely for purposes of harassing the undersigned.”

They feel this is aggravated by CCWI reportedly trying to “solicit not only from the undersigned Regional Director and District Engineers but also other Regional Directors and District Engineers of this Department.”

DPWH Region 6 clarified that CCWI is “not one of the selected observers for DPWH Region VI.”

Despite this, DPWH Region 6 “freely allowed CCWI to attend public biddings conducted by the Office and DPWH.”

The officials noted that CCWI “never raised any question and/or noted any irregularity in the conduct of the procurement process” despite attending public biddings.

They emphasized that “all projects, including the projects awarded to IBC, were all bid out through competitive bidding.”

These bidding processes were “broadcasted to the public through livestream” and involved “multiple bidders anticipated.”

DPWH asserts that “not a single one questioned or attributed impropriety or irregularity to the conduct of the procurement process” by any losing bidder.

The Commission on Audit (COA) has issued no adverse findings in its review of DPWH Region 6 contracts, especially those mentioned in the complaint.

DPWH officials concluded by expressing disappointment at what they perceive as Batalla’s malicious use of media platforms.

They stated, “It is just unfortunate that Mr. Batalla maliciously used the media platforms to get attention in his filing of the complaint to the gross prejudice of the undersigned and the office they represent including the embarrassment the respective members of their families had suffered.”

While acknowledging Batalla’s right to file cases, the officials asserted their “right and obligation… to protect, not only their individual rights as employees of the Department, but also and more importantly, the reputation of this Office.”

Under these circumstances, DPWH Region 6 officials formally declared their intent to “institute the proper legal actions against Mr. Batalla and/or CCWI.”

Eleven DPWH Region 6 officials signed the press statement, signifying a unified stance against Batalla and CCWI’s allegations.

The undersigned officials are: Danny Boy O. Oropel, Regional Director; Randolfo A. Melosantos, District Engineer, Guimaras DEO; Allan Rey R. Pajimna, District Engineer (Retired), Iloilo 2nd DEO; Roy G. Pacanan, District Engineer, Iloilo City DEO; Bernadette Betsy B. Uy, District Engineer, Antique DEO; Robert S. Palmera, District Engineer, Iloilo 3rd DEO; Mary Grace B. Bulaquiña-Hachuela, Chief, ROWALD; Ormel G. Santos, Chief, Construction Division; Marilou G. Zamora, Chief, Planning and Design Division; Gladwyn D. Ledesma, Chief, EMD; and Ricardo R. Gutierrez, Chief, QAHD.