‘SOMEONE MUST PAY’: People behind defective flyover must foot economic costs, lawyer says

Cause-oriented groups and concerned citizens hold a protest rally at the defective P680-million Ungka flyover on May 23, 2023. Apart from the traffic jams, the useless flyover has caused economic burdens on motorists and residents of Pavia, Iloilo. (John Noel Herrera photo)

By Joseph B.A. Marzan

A lawyer mulling a case against government officials and private contractors relative to the defective P680-million Ungka Flyover on Friday said they also intend to pursue legal actions that will salve the economic burdens caused by the structure’s continued closure on businesses, workers, and commuters.

Former Iloilo City councilor Eldrid Antiquiera told Daily Guardian on May 17 that his group, Grupo Konsumidor, would seek the help of the Office of the Ombudsman in investigating the flyover project and hold all persons and entities liable for the irregularities.

Antiquiera also told Daily Guardian on Air via Aksyon Radyo-Iloilo on Friday that his group is still studying and preparing their request with the Office of the Ombudsman.

Their letter is expected to be sent to the Ombudsman anytime soon, pending advice from other experts and the “voluminous documents” that are being evaluated.

One of the specific documents that their group is waiting for is the official results of the investigation conducted by Abinales Associates Engineers + Consultants, the firm contracted by the Department of Public Works and Highways (DPWH) for ₱13 million to investigate the flyover’s defects.

“We have been asking for additional [clippings] from well-meaning members of our media to be attached to our letter. It would be better if the letter does have accompanying documents,” Antiquiera shared.

“Our letter will request for an impartial investigation to determine possible liability for a few officials of the DPWH, and of course possible liabilities on the contractor’s side. That will hopefully be investigated, and the liabilities will be determined there,” he explained.

As the leader of Grupo Konsumidor, he added that consumers from both ends of the flyover are continuously affected by the traffic below the flyover due to the closure.

Some consumers who are his clients are still waiting for their compensation from the DPWH, as part of their properties were expropriated for the right-of-way of the flyover.

“Many of our consumers use the road, whether they live in the city or the province, and they are certainly part of our advocacy. I have clients specifically in Ungka at the flyover [area], and we have written to the DPWH. We are waiting for their response. My clients have properties there and they have not yet been paid by the government,” he noted.

“There is no hidden agenda here. This is just helping for public interest, no more, no less,” he added.

The Abinales probe into the ₱680-million flyover revealed on May 15 that all 16 piers or foundations of the flyover had been sinking, citing data from the DPWH’s own monitoring.

Engineer Adam Abinales, who is leading the probe, said that 3 of the 16 piers would need additional bored piles after these sank by almost two feet from May 2022 to April 2023.

The repairs would cost another ₱250 million and will extend the closure to at least 10 months.

DPWH Undersecretary Roberto Bernardo stated that the works may start in 2024 as there was no available funding in this year’s budget.

But Iloilo 2nd district Representative Michael Gorriceta previously suggested to Daily Guardian on Air that it may be funded this year, if DPWH Secretary Manuel Bonoan would lobby for such with President Ferdinand Marcos Jr., Senate President Juan Miguel Zubiri, and House Speaker Martin Romualdez.