DOJ, Palace backing NBI plan to dig up SEA Games hosting issue

MANILA, Philippines — The Department of Justice (DOJ) and Malacañang threw their full support on Thursday behind the National Bureau of Investigation’s decision to reopen its investigation into alleged irregularities in the Philippines’ hosting of the 2019 Southeast Asian (SEA) Games, insisting that the inquiry is driven by evidence, not politics or the ongoing impeachment trial of Vice President Sara Duterte.

The DOJ defended the NBI after Senate Minority Leader Alan Peter Cayetano and Sen. Pia Cayetano alleged that the renewed probe into the controversial P50-million SEA Games cauldron and other infrastructure projects in New Clark City, Capas, Tarlac, seven years after hosting the 2019 SEA Games, was intended to intimidate them as senator-judges in Duterte’s impeachment proceedings.

“The department has full confidence that the NBI will continue to carry out its work with the professionalism, integrity, and independence expected of it,” the DOJ said in a statement.

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It stressed that the NBI, one of its attached agencies, has the authority to initiate investigations either through referrals or motu proprio (on its own), and that its actions are “grounded solely in its mandate and the rule of law.”

“The department fully respects the views expressed by Sen. Pia Cayetano. We assure her and the public that the actions of the [NBI] are grounded solely in its mandate and the rule of law,” it added.

Probe not political

The Palace echoed the DOJ’s position, rejecting claims that the timing of the investigation was linked to the impeachment trial.

“It is the mandate of the NBI and the Criminal Investigation and Detection Group of the Philippine National Police to investigate possible anomalies,” Palace press officer Claire Castro said.

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READ: NBI probe into 2019 SEA Games not meant to intimidate – Palace

“They do not need instructions from the president. That is their job.”

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Castro said individuals who have done nothing wrong have no reason to fear the investigation.

“A person who has nothing to fear cannot be intimidated. The investigation is being conducted because there were legitimate issues dating back to 2019. It is not meant to intimidate or harass people who have done nothing wrong,” she asserted.

Castro also denied that President Ferdinand Marcos Jr. had ordered the investigation, saying the NBI acted on its own after receiving information pointing to possible irregularities.

She advised Cayetano not to overreact or get angry over the investigation, “otherwise, people may begin to wonder if he is guilty.”

Fresh leads

According to Castro, NBI Director Melvin Matibag received information in June while preparations were underway for the establishment of the agency’s 70-hectare academy in New Clark City, where many of the SEA Games facilities were built.

Matibag earlier disclosed that investigators had received fresh information indicating that around P10 billion in government funds spent for SEA Games-related projects remained unliquidated, prompting the bureau to revisit the case.

The investigation will examine the reported lack of competitive bidding for some infrastructure projects, the controversial P50-million cauldron used during the opening ceremonies, and other expenditures tied to the country’s hosting of the regional sporting event.

The Cayetano siblings questioned why the investigation was being revived nearly seven years after the games, with Alan Cayetano describing the move as an attempt to pressure senator-judges ahead of the impeachment trial.

Alan Cayetano chaired the Philippine Southeast Asian Games Organizing Committee (Phisgoc), the private foundation tasked with organizing the country’s hosting of the 2019 SEA Games.

He denied responsibility for the construction of the New Clark City sports facilities, saying these were implemented by the Bases Conversion and Development Authority, not Phisgoc.

Pia Cayetano likewise raised the issue during the impeachment proceedings, saying the timing of the investigation was “not acceptable, and possibly contemptible.”

Not targeting Alan

The Palace, however, maintained that the investigation was not targerting any particular individual, rejecting claims that Cayetano was being singled out.

Castro said Matibag merely announced that the NBI would investigate the alleged anomalies and had not identified any person as the subject of the probe.

She recalled that Public Works Secretary Vince Dizon had been investigated and cleared by the Ombudsman, while Cayetano was never formally investigated because then President Rodrigo Duterte had publicly cleared the senator before any investigation could proceed.

Matibag said the bureau is open to inviting Dizon, who headed the BCDA during the construction of the New Clark City sports complex, not as a suspect but to help shed light on the infrastructure projects.

He seconded Castro’s statement that the allegations previously raised against Dizon had already been resolved by the Office of the Ombudsman.

Also on Thursday, Assistant Ombudsman Mico Clavano confirmed that the graft complaint filed against Dizon over the SEA Games facilities was dismissed in December 2021 due to insufficient evidence.

“Upon checking the records of this case, it appears that the case filed against Sec. Vince Dizon regarding the construction of the sports facilities for the 2019 SEA Games has been dismissed for insufficiency of evidence,” Clavano said.

Malversation of public funds and graft charges were filed against Dizon in October 2020 over the P9.5-billion sports facilities used in the 2019 SEA Games, which allegedly bypassed public bidding.

Other respondents were BCDA’s internal lawyer Elvira Estanislao, government corporate counsel Elpidio Vega, and Isaac David, director of Malaysian firm MTD Capital Berhad, BCDA’s partner in the project.

Matibag said the Ombudsman’s ruling covers allegations involving Dizon’s role in the infrastructure projects but does not preclude the NBI from examining other issues that have surfaced through newly obtained information.

He said anyone with knowledge relevant to the investigation, including former officials, may be invited to assist investigators.

Flood control challenge

Alan Cayetano, for his part, said he would support the NBI probe provided the government would also allow senators in the minority to conduct a full inquiry into alleged anomalies in flood control projects.

In a Facebook livestream, the senator challenged the DOJ, Malacañang and the NBI to pursue a thorough investigation into the 2019 SEA Games.

“We will support you totally,” he said.

He proposed that the Senate, particularly the blue ribbon committee chaired by Sen. Erwin Tulfo, be allowed to investigate the government’s flood control program simultaneously.

The controversy over the SEA Games cauldron dates back to November 2019, when then Senate Minority Leader Franklin Drilon questioned the government’s decision to spend P50 million for the structure, arguing that the amount could have funded about 50 public school classrooms.

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At the time, then Sen. Sonny Angara, who sponsored the BCDA budget for 2020, defended the expenditure, saying the government sought to stage an impressive hosting of the SEA Games and showcase Filipino creativity and design comparable to previous host countries in Southeast Asia. —With reports from John Eric Mendoza, Mary Joy Salcedo, and Keith Clores /atm