100% Rigged: DPWH’s Graveyard for Bids and Paradise for Kickbacks

Bernardo’s Confessions from the Heart of the Corruption Cartel

By Louis “Barok” C. Biraogo — October 1, 2025

STEP right up, mga ka-kweba, to the Department of Public Works and Highways’ grand corruption carnival, where every bridge, road, and culvert is a ticket to a private jackpot! Former Undersecretary Roberto Bernardo, our shifty ringmaster, took the Senate stage to reveal that “almost 100%” of DPWH bids are rigged—yes, 100%! This isn’t procurement; it’s a clown show where contractors and lawmakers juggle public funds into their own pockets. Grab your popcorn and a barf bag as we unmask this shameless scam with a razor-sharp smirk and a legal sledgehammer.

The DPWH’s Playbook for Plunder: A Four-Step Swindle

Step 1: Hijacking the Budget – Robbing the Public Before the Ink Dries

Imagine lawmakers and DPWH officials plotting like mob bosses before the National Expenditure Program (NEP) even hits Congress. They cherry-pick projects, with contractors—those vultures who build bridges that crumble—handing in proposals to be stuffed into the budget like dirty cash in a mattress. This isn’t governance; it’s a pre-budget black market where kickbacks are the only currency.

This brazen scheme spits on Article VI, Section 25 of the 1987 Philippine Constitution, which grants Congress the power of the purse as a transparent, deliberative process, not a backroom deal. It’s a textbook violation of Republic Act (RA) 3019, Section 3(e), the Anti-Graft and Corrupt Practices Act, which bans causing undue injury to the government or giving unwarranted benefits through manifest partiality. The Supreme Court’s ruling in Belgica v. Ochoa (2013) outlawed pork barrel for this exact kind of collusion, but our “honorable” lawmakers clearly think they’re above the law.

Step 2: Phantom Phasing – Slicing Projects into Bite-Sized Bribes

Why build one road when you can chop it into ten overpriced pieces to dodge scrutiny? Bernardo exposed how projects are split into phases to stay below oversight thresholds. Republic Act (RA) 9184, the Government Procurement Reform Act, and its Implementing Rules and Regulations (IRR) explicitly prohibit “splitting of contracts” to evade competitive bidding. Commission on Audit (COA) Circular 2012-001 flags this as a corruption red flag, yet DPWH’s district offices treat it like standard operating procedure. Each phase is a fresh chance for rigged bids, padded costs, and juicy kickbacks. It’s not incompetence; it’s a deliberate scam.

This isn’t just sloppy work—it’s a slam-dunk case for graft. The Sandiganbayan has convicted officials for less, citing splitting as evidence of bad faith. But in the DPWH’s twisted world, it’s just another day at the office.

Step 3: The “Early Bidding” Sham – Awards Before the Budget Exists

The DPWH deserves a Pulitzer for fiction with this one. Bernardo revealed that 80% of the agency’s budget is bid out by January—before the General Appropriations Act (GAA) is even signed into law. The New Government Procurement Act (RA 12009) allows early procurement activities like planning, but it strictly forbids awards or contracts until funding is legally available. DPWH’s “early bidding” isn’t preparation; it’s a premeditated heist, with Notices of Award (NOAs) handed out like party favors to pre-chosen contractors before the President’s pen hits the GAA.

This violates RA 12009 and Government Procurement Policy Board (GPPB) guidelines, which bar obligations before funding. If COA or the Office of the Ombudsman uncovers NOAs issued pre-GAA, that’s a clear violation of RA 3019, Section 3(g), for entering contracts grossly disadvantageous to the government. Who knew “public service” was code for a bid-rigging empire?

Step 4: District Office Cartels – Local Fiefdoms of Filth

DPWH’s district engineering offices (DEOs) are the unsung villains, wielding authority to bid and award contracts up to P150 million without central oversight. By splitting projects to stay under this threshold, DEOs operate like mini-cartels, doling out contracts to loyal contractors like lords rewarding vassals. RA 9184 demands competitive bidding and transparency, but these offices function like corrupt fiefdoms, bowing to congressional overlords. Decentralization? More like a license to loot.

The Rogues’ Gallery: A National Hall of Shame

Roberto Bernardo: The Crooked Whistleblower

Don’t mistake Bernardo for a hero. He’s a former insider who, per Sen. Kiko Pangilinan, allegedly pocketed kickbacks while in the DPWH’s central office. This guy isn’t exposing corruption out of civic duty; he’s a turncoat spilling secrets after the fact. His testimony matters not because he’s pure, but because he knows the playbook. The system he describes is so toxic it corrupts even its whistleblowers—a cynical twist that proves the rot runs deep.

The Lawmakers: Crocodile Tears and Blanket Denials

Cue the parade of implicated legislators: Senators Chiz Escudero, Nancy Binay, Joel Villanueva, Jinggoy Estrada, Bong Revilla, and Representatives Zaldy Co and Martin Romualdez. Their response? A synchronized symphony of “Not me!” denials that would embarrass a guilty toddler. These are the same folks who cry “public welfare” while their districts sprout overpriced culverts like mushrooms. RA 3019, Section 3(e) doesn’t care about their feigned shock; it demands prosecution for colluding to funnel benefits to contractors. The Ombudsman better sharpen its claws and stop swallowing their excuses.

The DPWH Bureaucracy: A Kickback Vending Machine

Forget public works—the DPWH is a kickback fulfillment center. From district engineers to central office drones, the agency is a well-oiled machine for siphoning public funds. Bernardo’s “almost 100%” rigged bidding claim isn’t exaggeration; it’s the department’s business model. Republic Act (RA) 6713, the Code of Conduct and Ethical Standards for Public Officials, demands integrity and modesty. Instead, we get bureaucrats living like tycoons while flood victims wade through muck.

Legal and Ethical Slaughter: No Hiding from the Law

This scandal isn’t just a mess; it’s a legal bloodbath. Budget hijacking violates the Constitution and RA 3019‘s ban on manifest partiality. Phantom phasing laughs at RA 9184‘s anti-splitting rules. Early bidding flouts RA 12009’s funding restrictions. And district office cartels turn decentralization into a synonym for corruption.

The Supreme Court’s ruling in Sison v. People (2012) sets a high bar for RA 3019 convictions, requiring proof of bad faith or manifest partiality. But that’s not a free pass—it’s a roadmap. The evidence—Annual Procurement Plans (APPs), Bid and Awards Committee (BAC) minutes, NOAs, bank records—is out there. COA audits and Ombudsman probes can dig it up. The Court also supports administrative liability and civil recovery, meaning even if criminal convictions lag, disallowances and asset forfeiture can hit these crooks hard.

Ethically, the DPWH’s antics mock RA 6713‘s call for integrity. Lawmakers and officials treat budgets like personal slush funds, while the public drowns in floods and red tape. The culture of impunity thrives because convictions are rare, and the Ombudsman’s track record is a sick joke. The system isn’t broken—it’s built to bleed us dry.

The Reckoning: Torch the System and Jail the Guilty

This isn’t a scandal to be tsk-tsked away with hearings or finger-wagging. The DPWH’s corruption is a criminal enterprise demanding a sledgehammer. Here’s the battle plan, and don’t expect the guilty to confess quietly:

Prosecute Without Mercy: The Ombudsman must file RA 3019 charges against every named lawmaker and DPWH official where evidence shows collusion. Subpoena APPs, NOAs, and bank records. Trace the kickbacks. No more endless “investigations.” Act now.
Suspend the Suspects: Suspend every implicated official—lawmakers, district engineers, BAC members—pending probes. RA 6713 allows it. Stop them from torching evidence or rigging more bids.
Seize Their Loot: The Anti-Money Laundering Council (AMLC) and Department of Justice (DOJ) should freeze assets tied to kickbacks. Unexplained wealth in Statements of Assets, Liabilities, and Net Worth (SALNs)? Confiscate it under Republic Act (RA) 1379.
Overhaul Procurement: Centralize high-value project awards. Mandate public, machine-readable APPs with version histories. Ban early awards outright. Roll out e-procurement with AI-driven red-flag detection. RA 12009 is a start—give it fangs.
Shield Whistleblowers: Enforce Republic Act (RA) 6981, the Witness Protection Act, to protect insiders like Bernardo from retaliation. If even the corrupt fear speaking out, the system stays rotten.

The DPWH isn’t malfunctioning; it’s a rigged casino where the house always wins. Without torching its procurement system and locking up its architects, we’ll be back here next year, gawking at the next “100% rigged” exposé. Filipinos deserve roads that don’t collapse, budgets that aren’t looted, and officials who aren’t thieves. Until then, welcome to the Kweba ni Barok, where the only thing deeper than the corruption is our rage.