Discayas opt out of ICI probe, cite exec’s ‘opinion’
The Independent Commission for Infrastructure (ICI) disclosed on Wednesday that contractor couple Pacifico “Curlee” and Cezarah “Sarah” Discaya will no longer cooperate in the investigation into alleged anomalies in government flood control projects, citing an unfavorable opinion made by one of its members.
“Upon the advice of their counsel, they invoked their right to self-incrimination and manifested that they will no longer cooperate with the investigation being conducted by the ICI,” said ICI Executive Director Brian Keith Hosaka in a press conference.
Hosaka explained that the Discayas expected to get a “favorable recommendation from the commission as state witnesses” if they cooperated.
However, a “personal opinion” made by former Department of Public Works and Highways (DPWH) Secretary Rogelio “Babes” Singson, a member of the ICI, apparently influenced their decision.
Singson, in an interview with journalist Karen Davila uploaded on YouTube on Oct. 13, stated that the Discayas should not be considered state witnesses because they were “principal players” and had already benefited from the corruption.
“So because of that, they are now saying that they will no longer appear before the commission and cooperate,” said Hosaka.
‘Misguided’
When sought out by the Inquirer, Discaya lawyer Cornelio Samaniego III declined to comment on his clients’ decision: “No comment for now. Sorry.”
He told reporters earlier that they will set a press conference but did not elaborate when or where.
Mico Clavano, spokesperson for the Office of the Ombudsman, on the other hand, said the Discayas should cooperate to “serve the public’s interest.”
“They are misguided,” Clavano told reporters in a message thread. “Cooperation with the government is their only option right now.”
The Discayas’ decision drew the ire of minority lawmakers at the House of Representatives, who said their cooperation should never be contingent on whether they would be given immunity from prosecution as state witnesses.
Mamamayang Liberal Rep. Leila de Lima pointed out the “selective, limited” testimonies of the contractor couple in the Senate blue ribbon and House infracommittee inquiries, where they admitted giving kickbacks to lawmakers and DPWH officials in exchange for government contracts.
“How many times have they been invited to hearings—in Congress, the Senate, and the ICI? If they failed to prove they are worthy of becoming state witnesses, that’s on them. That’s their problem,” De Lima said. “They said it would be a ‘tell-all,’ but up to now they’re still keeping the DOJ hanging. They should have told the whole truth.”
House infracommittee chair and Bicol Saro Rep. Terry Ridon echoed this sentiment, saying “cooperation with the ICI should only be contingent on the commitment to the truth.”
Probe continues
He added that the Discayas “cannot even be considered as prospective state witness as they are main principals in the massive plunder of public funds implemented through their construction firms.”
Curlee, who is currently under the Senate’s custody, first entered the ICI office at around 12:50 p.m. on Wednesday. Sarah used the backdoor at around 12:55 p.m. apparently to avoid the media.
This was the third time that the Discayas appeared before the ICI as resource persons. They previously appeared before the commission on Sept. 30 and Oct. 7.
The Discayas claimed they did a “tell-all” after their first appearance. Samaniego said at the time that “There [was] no turning back here.”
On Oct. 7, they requested to postpone their hearing to allow them more time to collect certain documents.
Even though the Discayas will no longer cooperate on the investigation, Hosaka said the investigation will proceed and the ICI will still use their evidence, testimonies and affidavits from previous hearings.
“Whatever other witnesses say will be sufficient enough for us to continue our investigation, build our cases, and file the necessary recommendations with the Ombudsman. We will also have sources of information and evidence for us to build our case,” he said.
“Definitely, we will get to the bottom of this; we will continue our investigation so we can find out who is really guilty,” he added.
Protected witnesses
The Discayas had earlier sought government protection, citing threats to their safety after they named several lawmakers allegedly involved in the kickback scheme.
Senators Vicente Sotto III and Panfilo Lacson, however, were among those who questioned their proposed inclusion in the Witness Protection Program.
Then Justice Secretary Jesus Crispin Remulla also said the Discaya couple must first return the money they obtained from the anomalous contracts if they wanted immunity.
Despite these oppositions, Remulla stated in September that the Discayas, as well as three dismissed DPWH engineers were considered “protected witnesses.” But he added that there was still no state witness. —WITH REPORTS FROM DEMPSEY REYES, KRIXIA SUBINGSUBING AND INQUIRER RESEARCH
Source: Inquirer Archives
