CITY OF SAN FERNANDO – House senior deputy speaker Rep. Aurelio “Dong” Gonzales Jr. of Pampanga’s 3rd District has been haled to the Ombudsman over “juicy” government infrastructure projects allegedly awarded to his family’s construction firm.
The cases for violations of Section 3 (e and h) of RA 3019 (the Anti-Graft and Corrupt Practices Act), and the “Possession of Prohibited Interest by a Public Officer” from Article 216 of the Revised Penal Code were filed on Sept. 7 against Gonzales by Terrence Napao, barangay chairman of Santo Cristo and president of the Association of Barangay Chairmen of Mexico, Pampanga.
Charged along with Gonzales were members of his family: City of San Fernando councilor Aurelio Brenz, 3rd District board member Alyssa Michaela, Aurelio III, and Aurelio Michaline – all officers of the A.D. Gonzales Jr. Construction & Trading Co., Inc — along with company director Zenaida Quiambao.
Also included in the charge sheet were Department of Public Works and Highways-Region 3 director Roseller Tolentino, chairman of the bids and awards committee (BAC) Ignacio Evangelista, BAC vice chairman Arthur Santos, and Anna Marie Tayag, BAC secretariat.
In his complaint, Napao alleged that Gonzales and the DPWH officials “conspired to corner” P611,577,718.40 worth of flood mitigating projects which were awarded to the construction company bearing the congressman’s name and with business address adjacent to the residence of the deputy speaker in the capital city.
“These projects are glaring examples of ‘conflict of interest in public service’, and obviously manipulated to favor the family-owned business of Congressman Gonzales, a known super-rich contractor in the province and a powerful ‘trapo’ (traditional politician),” Napao said.
Copies of the complaint-affidavit distributed to media indicated that at least three civil works projects for the flood management program in Pampanga obtained from the congressional funds of Gonzales were awarded to the family-owned construction business.
Napao cited a general information sheet from the Securities and Exchange Commission allegedly naming Gonzales’ immediate family members as either corporate shareholders, officers or directors of A.D. Gonzales Jr. Construction & Trading Co., Inc.
At its registration at the SEC in 1993, the congressman was listed as one of the company’s incorporators owning 77% of the shares. Up until 2015, Gonzales sat as the company’s president who held 25% shares, it was alleged.
“Any right-minded citizen would easily figure out why and how a senior deputy speaker, a city councilor and a bokal (provincial board member) owning a construction company and with DPWH officials under their beck and call were favored with hundreds of millions worth of government contracts,” Napao alleged, adding “With huge projects such as these, it would be the height of naiveté not to sense a collusion between the congressman’s company and the DPWH.”
The infrastructure projects included the construction of drainage systems and flood mitigation structures and facilities within major river basins and principal rivers in the town of Mexico and at the City of San Fernando and Bacolor town sections of the province.
The complaint narrated that in awarding the projects, the DPWH regional office “evidently favored” the lawmaker’s construction company “knowing fully well from the start of the bidding process that the corporation is owned by individuals holding public offices in a province where these projects will be implemented through countryside development funds sourced from taxpayers’ money.”
Napao said the DPWH regional office awarded the three projects and consecutively issued notices of awards from Feb. 9 to May 25, 2023.
Corrupt practices
Under Section 3 of RA 3019, “corrupt practices of public officers constitute (e) causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.”
The same section provides that “corrupt practices of public officers constitute (h) directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having interest.”
Article 216 of the Revised Penal Code or the crime of Possession of Prohibited Interest by a Public Officer referred to a “public officer who directly or indirectly shall become interested in any contract or business in which it is his official duty to intervene.”
Cong amused
An amused laugh was Congressman Gonzales’ initial reaction when reached by Punto for his comments.
He said he has not received “any copy of any complaint” against him. But once he does, he said he would be ready to answer it “point by point” anywhere that it is filed.
The publication is also open to the Gonzales family members and DPWH officials included in the complaint, pursuant to their right to reply. Punto News Team
