Malversation, graft charges filed vs 2 ex-DPWH execs over GenSan right-of-way scam

Malversation concerns public money or property. It happens when a public officer misappropriates, takes, or allows the wrongful use of funds entrusted to government. Graft is broader. It involves corrupt conduct by a public officer, such as giving unwarranted benefits or causing government harm through bias or bad faith. Falsification of public documents concerns the records themselves.

The Ombudsman filed cases for malversation through falsification. Investigators said claimants submitted fake documents for 18 land parcels. DPWH’s technical working group approved payments totaling P491,931,120.20. The alleged false records supported claims that should not have been paid as presented.

These offenses can overlap, but they are not identical. Falsification describes the alleged deceptive paperwork. Malversation describes the alleged loss or misuse of public funds. The graft charge addresses the alleged abuse of official functions and the resulting government disadvantage. The cases remain allegations filed before the Sandiganbayan.

The Ombudsman charged former DPWH Region 12 regional director Subair Saro Diron, former assistant regional director Laureano B. Suan Jr., and personnel Tomas Marquez Rodriguez, David Lucena Padlan, Paisal Amerol Padate, and Ansare Mariga Busran. Seven private individuals were also named: Wilma Mamburam, Nelson Ti, Evelyn Paloso, Rudy Hadji Ong, Marisa Seguirre, William Uy, and Paul Michael Bagio.

The article does not assign a separate detailed role to each person. It says claimants presented falsified documents, while a DPWH Region XII technical working group approved the payments. Witness Roberto Catapang Jr. said he belonged to a syndicate that allegedly colluded with public officers to submit fake acquisition documents.

The alleged arrangement therefore involved private claimants seeking compensation and public officials or personnel involved in processing or approving it. The Ombudsman filed 18 malversation informations and 18 graft informations. These are accusations supported, according to the Ombudsman, by prima facie evidence with reasonable certainty of conviction.

The alleged scheme involved P491,931,120.20 in government payments. The money was presented as compensation for 18 parcels of land affected by construction of the Digos-Makar National Road in Lagao, General Santos City.

The National Bureau of Investigation submitted three investigation reports to the Ombudsman in 2018 and 2019. Investigators said the claimants had presented falsified documents. A DPWH Region XII technical working group approved disbursement of the full amount to the claimants. The article also says an outdated appraisal value helped inflate the claims.

That amount is the central measure of the alleged financial harm. It represents payments made through the right-of-way acquisition process, not a separate estimate of possible losses. The Ombudsman filed 18 informations for malversation through falsification and 18 for violating the Anti-Graft and Corrupt Practices Act. The cases were filed before the Sandiganbayan.

A road right-of-way is the strip or parcels of land needed for a road and its related construction. It may include land crossed by the road itself. Governments acquire that land because a public road cannot be built on property the government does not control. Compensation is meant to pay eligible owners or claimants for property acquired for the public project.

In this case, DPWH Region 12 processed payments for 18 parcels allegedly affected by the Digos-Makar National Road in Lagao, General Santos City. The claimants were paid P491,931,120.20. The Ombudsman said investigators found falsified documents and an allegedly improper appraisal value used to determine compensation.

Right-of-way compensation matters because it combines public construction with private property rights. Accurate ownership records and fair valuation help ensure that legitimate owners receive proper payment. They also help prevent public money from going to unsupported claims. Here, the Ombudsman alleges that the process was abused, and the cases are now before the Sandiganbayan.

Compensation claims depend on proof that a claimant has a valid interest in the land and on a defensible value for the property. False records can make an unsupported claimant appear eligible or make a parcel seem more valuable than it should be. That can turn a legitimate acquisition process into an improper payment.

Investigators said the claimants presented falsified documents. They also uncovered the alleged use of a 2009 appraisal value of P3,500 per square meter to determine compensation for properties taken by the government in the early 1990s. The article says this caused inflated right-of-way claims. The DPWH Region XII technical working group approved the disbursement.

The key mechanism was the combination of unreliable ownership or claim records and a value that investigators considered unsuitable for the earlier acquisition period. Together, these allegedly increased the amounts paid. The total payments reached P491,931,120.20. The Ombudsman has brought malversation and graft cases over the alleged conduct.

When public money is paid through fraudulent claims, taxpayers lose resources that could support roads, repairs, health services, or other government needs. A road project may also face delays if ownership disputes, improper payments, or investigations interrupt land acquisition. The damage includes both money lost and reduced confidence in public institutions.

The case illustrates that risk. Investigators said 18 land parcels connected to the Digos-Makar National Road generated payments totaling P491,931,120.20. They found alleged falsified documents and an allegedly inflated appraisal basis. A DPWH Region XII technical working group approved the disbursement, according to the Ombudsman.

The immediate response is legal action. The Ombudsman filed malversation and graft cases against six DPWH officials or personnel and seven private individuals. It also ordered the dismissal of former legal officer Ansare Mariga Busran in a separate administrative decision. If the allegations are proven, recovery, accountability, and stronger review would be important consequences; the article does not state whether any funds were recovered.

Land values are normally assessed using current market evidence, legally recognized valuation rules, property characteristics, and the date relevant to the acquisition. Reviewers should verify ownership, boundaries, title records, tax documents, and the public project’s taking. Independent valuers or appraisal units can provide a separate check before payment.

Payments should also pass through documented review. Officials can compare the appraisal with nearby sales, inspect the property, confirm claimant identity, and require approvals from separate offices. Audits should examine unusual prices, old valuations, duplicate claims, and missing documents. These are general safeguards; the article does not describe the normal review process used in this case.

The investigation identified warning signs: alleged falsified documents and use of a 2009 appraisal value of P3,500 per square meter for properties taken in the early 1990s. Stronger separation of duties and post-payment audits could expose such problems earlier. The Ombudsman’s cases may establish responsibility, but the article does not report a final court ruling.