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MANILA, Philippines — The Department of Justice (DOJ) has confirmed the inclusion of dismissed public works district engineer Henry Alcantara, former undersecretary Roberto Bernardo and two others as state witnesses and placed them in the government’s witness protection program (WPP), effectively dropping them as respondents in certain cases to be filed in court in connection with the flood control corruption.
Aside from Alcantara and Bernardo, also admitted to the WPP were former Department of Public Works and Highways (DPWH) National Capital Region engineer Gerard Opulencia and private contractor Sally Santos, the owner and general
manager of SYMS Construction Trading.
“One of the rights of state witnesses is to be discharged from criminal liability, but only for particular cases where they are helping us in terms of prosecution,” acting Justice Secretary Fredderick Vida said in a mix of English and Filipino at a press briefing yesterday.
Ombudsman Jesus Crispin Remulla, meanwhile, said his office is set to file another set of flood control corruption cases today before the Sandiganbayan. “Better to just wait for it,” Remulla said at a press briefing. He declined to provide names.
Remulla said his office is also expecting additional documents to be turned over by DPWH Secretary Vince Dizon, to aid in the ongoing investigation.
Vida said that apart from their commitment to fully cooperate with the prosecution of the flood control scam cases in court, Alcantara, Bernardo, Opulencia and Santos have also committed to restitute the government for the alleged kickbacks they received from anomalous projects.
Vida said the four have already turned over to the government a total of P316 million as part of their commitment to restitute, with Alcantara so far having returned P181 million, Opulencia (P80 million), Bernardo (P35 million), and Santos (P20 million).
Meanwhile, DOJ National Prosecution Service (NPS) prosecutor general Richard Anthony Fadullon said that after a thorough evaluation, the prosecution panel investigating the flood control scam, found no necessity to admit former DPWH Bulacan 1st DEO assistant district engineer Brice Hernandez and former DPWH Bulacan 1st DEO Construction Section chief Jaypee Mendoza, as state witnesses.
“Based on our evaluation of the submitted evidence, they did not qualify as state witnesses to be discharged under the WPP,” Fadullon said, referring to Hernandez and Mendoza.
“We cannot disclose the basis for the result of the evaluation. But suffice it to say that as of now, we don’t need to discharge them from the cases wherein they are applying to be state witnesses,” Fadullon added.
Vida reiterated that none of the four current state witnesses have recanted or have bared plans to recant their testimonies on the alleged kickback scheme in flood control projects.
Nonetheless, Vida said that if anyone of the state witnesses recants, he would be included as respondent in cases and the amounts he previously returned would be considered forfeited in favor the government.
“Remember they have already given their testimonies, they have already admitted their involvement [in the flood control scam] and their receipt of kickbacks,” Vida said.
Senate President Vicente Sotto III said they will discuss on Monday the arrangement for Alcantara – who is in Senate custody – now that the latter has been granted witness protection.
“As of now, they are still under the custody of the Senate,” Sotto told reporters through Viber yesterday, referring to Alcantara and the others admitted to the WPP.
Alcantara has been under Senate custody since last year after he was cited in contempt by the Senate Blue Ribbon committee investigating the flood control corruption scandal.
Another prominent figure in the flood control controversy, contractor Curlee Discaya is also under Senate custody for contempt, while his wife Sarah Discaya is detained at the Lapu-Lapu city jail for her nonbailable malversation case involving an alleged P96.5-million “ghost” flood control project in Davao Occidental.
The Blue Ribbon committee will resume its flood control investigation on Jan. 19.
Alcantara, meanwhile, has asked the Professional Regulation Commission (PRC) to reverse its earlier decision to revoke his license as a civil engineer.
“…It is respectfully prayed of this Honorable Office to reverse, set aside and nullify the revocation of Respondent Henry C. Alcantara’s professional license as civil engineer…,” Alcantara’s motion for reconsideration read.
The PRC Board-of Civil Engineering (PRB-CE) has ordered the revocation of the professional license of Alcantara after finding him guilty of gross unprofessional and unethical conduct.
At Malacañang, Presidential Communications Undersecretary Claire Castro said President Marcos is standing by his decision to order an investigation on the multibillion flood control mess even if it is seen as among the causes of the weakening of the Philippine peso. - Alexis Romero, Rhodina Villanueva
