The Crimes and Corruption Watch International Inc. (CCWI) has filed a complaint before the Office of the Ombudsman for the Visayas against six officials of the Department of Public Works and Highways (DPWH) 7, including Officer-in-Charge Director Simon Arias, for alleged violations of anti-graft, procurement, and ethical conduct laws in connection with infrastructure contract awards.
Complaint details and respondents
Carlo Batalla, chairman and president of CCWI, filed the complaint-affidavit against Arias and Bids and Awards Committee (BAC) members Faustino Dela Cruz Jr., Jerry Evangelio, Brando Ray Raya, Joan Pitogo, and Vince Montrix Calapre. Batalla said CCWI, an accredited civil society organization of the DPWH, initiated the case to promote transparency, accountability, participatory governance, and integrity in public procurement.
Questioned contracts and contractors
The allegations stem from the DPWH 7 office's Post-Contract Award Disclosure covering January to April 2026. Batalla said the document showed that several contracts under Negotiated Procurement – Emergency Cases were awarded to contractors with documented negative project slippages and other public accountability issues. The firms identified include QM Builders, Muaña Construction and Development Corp., WTG Construction and Development Corp., Z & G Construction Services, QG Development Corp., and the joint venture of PLD Construction and Development Inc. and TRI4 Construction and Development Corp.
Batalla highlighted that the most serious concern involved emergency contracts awarded to QM Builders, which the government publicly identified among the top 15 contractors under investigation for alleged flood control project anomalies. Despite ongoing scrutiny, the firm still received public funds through the emergency procurement mechanism of DPWH 7.
The complaint also questioned the competitive bidding award of Contract ID 25H00156 worth P192.598 million to the joint venture of PLD Construction and Development Inc. and TRI4 Construction and Development Corp. Batalla said both contractors had documented negative slippages in previous or ongoing government projects.
Evasive response from DPWH 7
Batalla stated that these awards raised grave questions regarding the integrity of the post-qualification process, contractor performance evaluation, and procurement risk assessment conducted by the BAC before recommending the choices, which Arias approved. The affidavit disclosed that CCWI wrote to DPWH 7 officials on May 20 to seek explanations regarding the questioned awards. Batalla said Arias' reply, dated May 26, merely acknowledged the organization's advocacy for transparency and gave a general assurance that the regional office would strengthen its contractor evaluation and selection process.
Batalla said the response failed to answer CCWI's specific questions, including why QM Builders received contracts while under investigation and why contractors with negative slippages were considered for emergency projects. The reply also failed to clarify whether comprehensive performance evaluations were conducted, if more qualified contractors were available, and what corrective measures would be taken. Batalla also questioned the timing of the response, noting that while the letter was dated May 26, it bore a receiving stamp dated June 23. He said the 28-day gap raised questions about whether officials antedated or delayed the transmission of the letter.
Legal violations cited
Batalla said the respondents violated Section 3(e) of Republic Act (RA) 3019, or the Anti-Graft and Corrupt Practices Act, by giving unwarranted benefits to contractors without adequate due diligence, post-qualification, and risk assessment. He said the BAC members also violated RA 9184, or the Government Procurement Reform Act, by failing to conduct strict post-qualification procedures, verify performance histories, and properly evaluate problematic contractors before recommending the awards. The complaint also cited a violation of RA 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, stating the respondents failed to act with professionalism, responsiveness, and transparency by issuing an evasive reply to an accredited civil society organization. Batalla said the officials engaged in conduct grossly prejudicial to the best interest of the service.
SunStar Cebu reached out to the DPWH 7 office for an official statement, but the agency did not respond as of press time, and contact information for Arias was unavailable.
