From the Supreme Court bench to the kickback throne: a love story written in cash
By Louis ‘Barok‘ C. Biraogo — November 20, 2025
MGA ka-kweba, while Metro Manila drowns and thousands of families float in their own homes, some pinoys are busy floating money—not water, but cold, hard cash. A cool P100 billion earmarked for flood control materializes in the 2025 General Appropriations Act like a David Copperfield illusion, only for 25–40% to allegedly get skimmed as “commissions” for the government gators. And smack in the middle of this muck stands former Executive Secretary—and ex-Chief Justice, no less—Lucas Bersamin, who’s said to have volunteered as the “facilitator in chief” for P52 billion of it.
His alleged words: “We will take care of it.”
My translation: Welcome to the cesspool.
1. The “Cesspool” Narrative: From Flood Relief to Flood of Kickbacks
This isn’t your garden-variety pork; it’s a political and legal cesspool where billions meant to keep Filipinos dry end up greasing palms while the nation soaks.
- P100 billion in illegal “insertions” into the 2025 GAA, mostly DPWH flood-control projects
- P81 billion lands in DPWH; P52 billion personally handled by confessed kickback courier ex-Usec Roberto Bernardo
- Resigned DepEd Usec Trygve Olaivar allegedly tells Bernardo: “Don’t brief Secretary Bonoan on the details”
- Bonoan keeps asking Bersamin who will facilitate the P52 billion through bicam and release
- Bersamin’s alleged reply: “We will take care of it.”
Senate Pro Tempore Ping Lacson drops this bomb on the Senate floor. Resignations rain harder than any typhoon. What did Lucas Bersamin know, and when did he decide to “take care” of it?

2. Eviscerating the “Hearsay” Defense
Bersamin’s camp screams “triple hearsay!” and they’re technically right. The chain is Lacson → Bernardo → Olaivar → Bonoan → Bersamin. A defense lawyer’s wet dream.
But let’s be real:
- This isn’t tsismis over San Miguel; it’s a documented confession from a self-confessed bagman
- Bernardo put it in writing at Lacson’s request and sent it to Malacañang
- The resignations and cabinet revamp didn’t happen because someone misheard a joke
Hiding behind the Rules of Court at the preliminary stage is the oldest trick in the oligarch playbook. Smoke this thick demands a fire investigation, not a polite wave-off.
3. Prosecution Pathways: A Legal Blueprint for Ruin
RA 3019 §3(e) – Anti-Graft
“We will take care of it” = manifest partiality + unwarranted benefit. Supreme Court requires proof of bad faith (Santiago v. Garchitorena, Arias v. Sandiganbayan), but a promise to personally shepherd P52 billion in ghost projects is a hell of a start. Penalty: 6–15 years + perpetual disqualification. Full text: RA 3019.
RA 7080 – Plunder
P52 billion easily vaults the P50-million threshold. Conviction needs a proven pattern/series of acts and personal accumulation (Estrada v. Sandiganbayan, G.R. No. 148560, 2001). Right now we have the pattern; we need the money trail to Bersamin or his clan. Full text: RA 7080.
RA 6713 – Administrative Liability
Ethical breaches need only substantial evidence. Even if criminal cases stall, the Civil Service or Ombudsman can still strip him of retirement benefits and brand him for life. Full text: RA 6713.
4. The Nixonian Cover-Up
Lacson’s “it pains me to name my good friend” routine while simultaneously absolving Marcos is political theater at its finest. The veto proves innocence? Please. The cabinet purge and Bersamin’s own claim that he was “told to go” scream scapegoat. This isn’t accountability; it’s damage control with a body count.
5. The Evidentiary Black Hole – and My Non-Negotiable Demands
Right now we have whispers, resignations, and one killer quote. That is not enough.
I demand the Ombudsman, DOJ, and AMLC do their damn jobs—today:
- Forensic audit of every bank account of Lucas Bersamin, his wife, children, and known associates
- Lifestyle and SALN cross-check for unexplained wealth during his Executive Secretary stint
- Immediate subpoena of all communication records (texts, Viber, emails) containing the words “P52 billion,” “facilitate,” or “take care” involving Bersamin, Olaivar, Bernardo, Bonoan
- Offer immunity or plea deals to lock in live testimony and kill the hearsay defense forever
- AMLC freeze orders on any account that twitched when the P52 billion moved
No more Senate circus. Real subpoenas. Real bank runs. Real jail time. See AMLA (RA 9160) for the full freeze authority.
6. Possible Endgames (Ranked by Likelihood Without the Above Demands)
- Whitewash – case dismissed for “insufficient evidence” (70%)
- Administrative slap on the wrist – benefits forfeited, reputation intact (20%)
- RA 3019 conviction after a decade of appeals (9%)
- Full-blown plunder conviction and Bersamin in an orange jumpsuit (1% – but oh what a glorious 1%)
Do the forensic work I just laid out and watch that 1% become 100%.
Hold the public trust sacred, or watch it drown.
Key Citations
- Republic Act No. 3019, “Anti-Graft and Corrupt Practices Act.” Official Gazette of the Republic of the Philippines, 17 Aug. 1960.
- Republic Act No. 7080. “An Act Defining and Penalizing the Crime of Plunder.” LawPhil Project, 12 July 1991.
- Republic Act No. 6713. “Code of Conduct and Ethical Standards for Public Officials and Employees.” LawPhil Project, 20 Feb. 1989.
- Act No. 3815 s. 1930. “Revised Penal Code of the Philippines.” Official Gazette of the Republic of the Philippines, 8 Dec. 1930. Accessed 19 Nov. 2025.
- Republic Act No. 6770. The Ombudsman Act of 1989. 17 Nov. 1989. Accessed 19 Nov. 2025.
- Republic Act No. 9160. Anti-Money Laundering Act of 2001. 29 Sept. 2001. Accessed 19 Nov. 2025.
- Supreme Court of the Philippines. “2019 Amendments to the 1997 Rules of Civil Procedure.” Supreme Court of the Philippines, 15 Oct. 2019.
- Estrada v. Sandiganbayan, G.R. No. 148560, 19 Nov. 2001. Accessed 19 Nov. 2025.
- Santiago v. Garchitorena. G.R. No. 109266. 2 Dec. 1993. Supreme Court of the Philippines. LawPhil.net. Accessed 19 Nov. 2025.
- Arias v. Sandiganbayan. G.R. No. 81563. 19 Dec. 1989. Supreme Court of the Philippines. LawPhil.net.
- Abarca, Charie. “Lacson Discusses Lucas Bersamin’s Alleged Role in Kickback Scheme.” Philippine Daily Inquirer, 18 Nov. 2025. Accessed 19 Nov. 2025.

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