THE Department of Justice (DOJ) has granted “protected witness” status to contractors Pacifico “Curlee” Discaya and Cezarah “Sarah” Discaya and three former Department of Public Works and Highways (DPWH) engineers, Justice secretary Jesus Crispin Remulla said yesterday.
Remulla said that aside from the Discaya couple, former Bulacan first district engineer Henry Alcantara, and former assistant district engineers Brice Ericson Hernandez and Jaypee Mendoza are “now considered as protected witnesses.”
He made the announcement when sought for an update on the application of the five personalities to be placed under the Witness Protection Program (WPP).
“We have sent a letter to the Senate President (Vicente Sotto III) about that status, and hopefully, we can talk about that tomorrow (Thursday) morning,” he said.
Hernandez and Mendoza were at the DOJ yesterday for their evaluation as part of the vetting process for the WPP.
Alcantara’s application was evaluated on Tuesday after he submitted his sworn affidavit to the Senate Blue Ribbon Committee.
In his sworn affidavit, Alcantara alleged that Senators Jinggoy Estrada and Joel Villanueva, former senator Bong Revilla Jr., Rep. Zaldy Co, former Rep. Mitch Cajayon-Uy and former DPWH undersecretary Robert Bernard got commissions from budget insertions that funded flood control projects in Bulacan.
He claimed that the “proponent” commissions paid to Estrada, Villanueva, Revilla and Co were coursed through Bernardo; while he personally handled the delivery of the proponent fees given to Co and Cajayon-Uy.
The Discayas made their initial appearance at the DOJ last week.
Remulla said Alcantara and the Discaya couple will return to the DOJ on Friday for additional evaluation of their applications.
ADDITIONAL DOCS
Remulla said Hernandez and Mendoza submitted additional documents to further support their allegations that they gave commissions or kickbacks to lawmakers and officials of the Department of Public Works and Highways (DPWH) taken from the funding of “ghost” and substandard flood control projects in the First District Engineering Office of Bulacan.
The DOJ chief said the submitted documents would help build up the case against those involved in the anomalous flood control projects.
He said the two engineers’ act to voluntarily turnover additional documents showed “good faith” on their part.
“They want to show good faith. Pinapakita nila na nagsasabi sila ng totoo at sinasabayan nila ito ng mga documents at notes na naipon nila through the years (They want to prove that they are telling the truth and they are supporting it with documents and evidence they have gathered over the years),” he said.
Asked about the substance of the additional documents provided by Hernandez and Mendoza, Remulla said they showed more people are involved in the kickbacks scam.
“Mas malawak pa ang hawak nila. Mas maraming bagay ang dumating sa aming kaalaman na ‘di pa lumalabas sa Senado, mga pangalan na ‘di pa nababanggit sa Senado at maaaring iugnay sa mga taong di pa nababanggit (The documents show that they have more information that have not come out even in the Senate, there are more names that have not been mentioned at the Senate [hearings] and people connected these personalities),” he said. He did not elaborate.
Remulla said the DOJ was also able to get additional information from Hernandez’s desktop computer that lawyer Raymund Fortun earlier said contained files that can support the allegations against senators and congressmen allegedly involved in the controversy.
He said the desktop computer was turned over by the Senate Blue Ribbon Committee, which is also investigating the flood control projects scandal.
“It was turned over to us and we were able to get the information we needed,” he said in Filipino, adding the computer would be sealed and returned to the Senate panel.
Remulla said that while he is satisfied with the developments of the DOJ’s investigation into the case, they still need to carefully evaluate the information that have been provided to them.
“We want to look deeper [into the information], but I am happy that they [Discayas and three engineers] are ready to give information that will help in the investigation,” he said.
‘RESTITUTION’
Remulla, during the Senate Blue Ribbon Committee hearing on Tuesday, said that while restitution is not a requisite for parties applying to be admitted to the WPP, it is considered a goodwill act to prove the applicant’s sincerity to be a government witness.
He made the statement after Sen. Rodante Marcoleta questioned his previous statement that the Discaya couple should return the money that they got from their irregular flood control contracts with the government before their application to become state witnesses is considered.
Marcoleta said the Discayas should be free from restitution since this is not required under the law.
“Mr. Secretary, I am still in the stage where a particular applicant wishes to apply under that program (WPP). And there is a process. (But) in the process, restitution is not one of the requisites…. Mr. Secretary, are you amending the law?” he asked.
Remulla acknowledged there is a process to be followed but denied that he was amending the law.
He explained that the case involving the Discaya couple involves “financial crime,” thus, it is morally right that they should return anything that were illegally gotten.
He added that restitution is also being considered a factor in measuring good faith of those who wish to qualify in the WPP.
“This case being a financial crime, sir, this is a crime against the financial status of the Filipino people and the Philippine Republic, I think it’s just right that we ask (them to return what they got),” he said.
Remulla said he is “operating from the vantage point of reason behind the law,” adding: “What is the reason behind the law? So that we can get justice, and justice can only be attained if there is restitution. So, that is the principle behind all these things we are talking about now.”
“We are operating on a unique set of facts and all of these matters are being evaluated and the gravity of this financial crime cannot be underestimated,” he also said.
Senate president pro tempore Panfilo Lacson, who is the chairman of the Blue Ribbon Committee, said those involved in the flood control projects mess should heed the opinions of legal luminaries who have expressed their support for them to return stolen funds.
“On the discussions on restitution [Tuesday], several legal luminaries came out by backing the position of the secretary of justice that restitution could be a requirement even if it is not required by law,” he said in Filipino.
He said that while the policies and conditions of RA 6981, or the Witness Protection, Security, and Benefit Act, do not force an applicant to return any ill-acquired wealth, “but of course… it cannot be one way that you’re laughing your way to the bank, protected by the government, protected with security, and then they will also feed you. That will be unfair to the government unfair to us people.”
Sen. Erwin Tulfo, in an interview with ANC, said the law can sometimes be “bended” to please the people who are demanding the return of the money of those involved in the anomalies.
In the case of the Discayas, Tulfo said it is best to momentarily disregard due process for the sake of the people who want the couple to return their ill-gotten riches before they are admitted to the WPP.
“You are living in style and yet you will be protected by the government with taxpayers’ money. You have illegally acquired that money and we will provide you security? That’s my point. We have to set aside that law and then maybe you need to return stolen wealth. I am not saying that we bend the law by killing or by stealing. I mean, that’s not correct,” he said.
Tulfo said returning stolen funds will also be to the government’s advantage since it may not be able to recover these once the Discayas turn state witnesses.
“I see where Secretary Remulla is coming from. Return the money first before we make you a state witness if you are really sincere. And that was my point yesterday [Tuesday] when I said we bend the law,” he added.
Sen. Francis Pangilinan, who is a lawyer, said there is no law which prevents those who got kickbacks from irregular flood control projects from giving back stolen funds.
He noted that Hernandez voluntarily returned his luxury vehicles to the Independent Commission on Infrastructure (ICI) as an act of goodwill to show his full cooperation to the ongoing investigations.
Pangilinan said if other persons involved in the flood control project mess will do the same, “there is no law that prevents” them from doing so.
He added that while there is no law that requires restitution to qualify for the WPP, the government can be “broader” in its implementation of programs and laws, especially if the offer to surrender is voluntary.
“In fact, restitution is a sign of cooperation which the courts will eventually consider when it sentences or if it provides the exemption and the immunity,” he added.
Palace Press Officer Claire Castro said applicant witnesses should fully cooperate by disclosing everything they know, including their involvement and role in the irregularities and also return any ill-gotten wealth that they have amassed.
“First of all, when we say that someone will testify, they are expected to speak out and disclose the truth — the whole truth. ‘Tell all’ means they must also reveal any liabilities or involvement on their part,” she said in Filipino.
“And once they admit to their involvement in the misuse of public funds, wouldn’t it be appropriate for them to return the money as a gesture of good faith, instead of waiting for the government to file charges,” she also said.
Castro said witnesses seeking protection from the government are essentially asking for its assistance and should reciprocate by cooperating fully while under protection.
Integrated Bar of the Philippines (IBP) national president Alan Panolong said the return of ill-gotten wealth is required under the law for individuals applying to become state witness.
Panolong said Section 5 of the law states that before a person is provided protection under RA 6981, he shall first execute a memorandum of agreement which shall set his responsibilities, such as compliance with legal obligations and civil judgments against him.
Panolong aside from this “obligation under the law,” returning illegally obtained wealth is a sign of sincerity of an individual wanting to become a state witness and avail of protection from the government.
He added that this is more so considering the fact that several individuals tagged in the multi-billion peso flood control project anomaly have admitted receiving or getting money.
The IBP chief also cited the principle of unjust enrichment under Article 22 of the Civil Code, which states that “every person who, through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.”
“So, if you received a benefit such as money when you are not its rightful beneficiary since it comes as proceeds from the crime, then it is a must that you must return it,” he said.
Labor leader Leody de Guzman voiced support to the call of Remulla to go after the unlawfully acquired assets of government officials and private persons identified for involvement in the multi-billion peso flood control projects scam.
He said the millions of protesters who took to the streets last September 21 had a clear message to the national government that tougher actions must be taken against corrupt government officials and public works contractors.
“It’s been almost three months since these investigations started and yet no cases have been filed. We have heard contractors and public works officials admit that they conspired to defraud the people. I believe Secretary Remulla made the right call to use the powers of the government to seize the assets of all who were involved,” he said.
De Guzman likewise hailed the statement of Tulfo that where corruption and excesses by public officials are concerned, the laws should bend or lean in favor of public interests.
“We are impressed by the statement of Erwin Tulfo when he said that there are times when laws have to bend or sway to public interest,” he said.
He warned that the Marcos administration would encounter bigger and more violent protests if the people were dissatisfied with the outcome of the public hearings and only the small fry were punished.
ZALDY CO
Lacson said that out of interparliamentary courtesy, the Blue Ribbon Committee does not intend to invite Co to attend the panel hearing to respond to the accusations made by Alcantara against him.
He said it has been the tradition of both the House of Representatives and the Senate not to extend invitations to any of their members who have been accused of anything during inquiries out of interparliamentary courtesy.
But, he said, if Co volunteers to present himself, he will be given the chance to air his side.
“We have a tradition. But voluntarily, he can appear and testify or manifest. But to send an invite or a subpoena, it is improper,” he said.
He said he has not received any communication or feelers from Co regarding his intent to attend the Senate hearings.
Co is out of the country, supposedly for medical treatment. House Speaker Faustino Dy III has revoked his travel authority to compel him to return to the country.
The Lacson panel will hold its sixth hearing this morning. Bernardo has been invited to shed light on the statements made by Alcantara last Tuesday.
Lacson said Bernardo has submitted to a sworn affidavit, which will be presented as a supplementary affidavit today. – With Raymond Africa, Jocelyn Reyes, Peter Tabingo and Gerard Naval
