Presidential Decree No. 1759 just woke up hungry, and the menu is contractor à la life sentence
By Louis ‘Barok‘ C. Biraogo — November 28, 2025
I. A Standing Ovation for the Man Who Just Handed Prosecutors a Bazooka
While the rest of the bar was busy drafting “strongly-worded” demand letters that end up as bird-cage liners, Atty. Emmanuel “Manny” Topacio quietly whispered one sentence that made every crooked contractor reach for their passports: “Use Presidential Decree No. 1759.” That, mga ka-kweba, is how you weaponize a 44-year-old Marcos-era relic into a heat-seeking missile.
II. Meet the Three-Headed Monster They Forgot Was Still Alive
Presidential Decree No. 1759 (1981) is not a statute. It is a death sentence wearing a toga:
- 12 years to life imprisonment (non-bailable at the high end)
- Perpetual absolute disqualification from public office AND government contracts
- Personal liability to reconstruct the defective work — yes, with your own money
This is the legal equivalent of being buried alive, exhumed, shot again, and then billed for the coffin.

III. From “Flood-Control Projects” to “Flood-Causing Projects”: A Perfect Fit
The menu of horrors currently on Senate Blue Ribbon display:
- 6-inch concrete slabs instead of the contractual 12
- Rebar placed like lazy spaghetti
- “Completed” pumping stations that exist only in Photoshop and in the imagination of the highest bidder
- Dikes that collapse faster than a politician’s promise
These are not “technical deviations.” These are material violations of public-works contracts resulting in catastrophic prejudice to the government. In other words, PD 1759 was tailor-made for this circus of criminal incompetence.
IV. The Prosecutor’s Cheat-Code: How to Nail Them Before They Flee to Dubai
Real evidence, not Senate drama, wins convictions. Collect these tomorrow:
- The Sacred Texts – Bill of Quantities, Detailed Engineering Design, Technical Specifications (the ones they used as placemats)
- Forensic Proof That Doesn’t Lie – Independent core sampling, rebound hammer tests, ground-penetrating radar – Drone ortho-mosaics showing “as-built” vs. “as-paid-for”
- The Price of Betrayal – Rectification cost estimates from reputable engineering firms (₱10–₱20 billion is not theoretical damage — it’s the “prejudice” element in glowing neon)
- The Paper Trail of Permission – Variation orders signed after the concrete had already turned to mush – Emails that will live in infamy: “Sige na boss, approve na kahit kulang sa bakal”
That last one is called “consent or through abandonment or negligence permitting the violation.” Translation: game, set, life sentence.
V. Defense Lawyers’ Greatest Hits (And How to Smash the Record)
They will sing these tired lullabies. Be ready to boo:
- “Within engineering tolerances!” → Show the lab report. Concrete candy floss is not a tolerance.
- “Arias Doctrine! We just relied on subordinates!” → Arias dies when the same official signs 47 variation orders deleting half the rebar (see Supreme Court in Albert v. Sandiganbayan, G.R. No. 221775, 6 Aug 2018).
- “The project was completed!” → A ghost project is completed the moment the fake accomplishment report is notarized. A dike that kills people is not “completed”; it is homicide by contract.
- “Prescription!” → Discovery rule + continuing crime doctrine + Senate exposures = clock still ticking.
VI. Bring the Entire Orchestra — Parallel Charges That Cannot Be Killed Together
File everything at once:
- PD 1759 against contractors and complicit engineers
- Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act), §§3(e) & 3(g) against public officials
- Violations of Republic Act No. 12009 (New Government Procurement Act) as predicate irregularities
- Republic Act No. 6713 (Code of Conduct and Ethical Standards) for the toilet-paper ethics
Different elements = no double-jeopardy problem. Maximum pain.
VII. Marching Orders Before the Next Typhoon Washes the Evidence Away
To the Office of the Ombudsman:
Stop treating this like another pork-barrel footnote. These are not ghost classrooms — these are ghost dikes that murder children.
- Issue preservation orders on every project site today.
- Commission independent forensic testing this week.
- File the informations next month.
To the Sandiganbayan:
Lives are literally at stake. Expedite.
To the Filipino people:
Every time the water rises, remember who decided profit was thicker than concrete. PD 1759 is loaded, cocked, and pointed at their heads. All that remains is for someone to pull the trigger. Dura lex sed lex — and for once, the law has fangs.
Key Citations
- Philippines. Office of the President. Presidential Decree No. 1759. “Penalizing Contractors and Subcontractors Who Violate Any Material Provisions of Contracts Involving Public Works Projects of the Government, and Public Officials Who Allow Such Violations, and for Other Purposes.” 2 Jan. 1981. LawPhil.
- Philippines. Congress. Republic Act No. 3019. “Anti-Graft and Corrupt Practices Act.” 17 Aug. 1960. LawPhil.
- Republic Act No. 6713. Code of Conduct and Ethical Standards for Public Officials and Employees, 20 Feb. 1989, LawPhil Project.
- Republic Act No. 12009. New Government Procurement Act, 17 July 2024, LawPhil Project.
- Ramon A. Albert v. The Sandiganbayan, and the People of the Philippines. G.R. No. 164015. Supreme Court of the Philippines, 26 Feb. 2009. Supreme Court E-Library.
- Amado C. Arias v. The Sandiganbayan. G.R. No. 81563. Supreme Court of the Philippines, 19 Dec. 1989. LawPhil, (seminal ruling on subordinate-reliance defense).
- Rowegie Abanto and Jamaine Punzalan. “Ex-DPWH Engineer Says All Projects in Bulacan First District ‘Substandard’ Since 2019.” ABS-CBN News, 23 Sept. 2025. (primary news trigger for current controversy).
- Topacio, Emmanuel U. The Law on Firearms and Explosives. Communications Industries International, 2003.

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