Manila RTC: Senate probe witness’ affidavit falsified
Senate inquiry witness Orly Guteza, the former Marine sergeant who claimed that he delivered suitcases packed with public works project kickbacks to certain lawmakers, may soon face criminal charges after a Manila court found his sworn statement to be falsified or containing the forged signature of a notary public.
In an Oct. 24 order issued by the Manila Regional Trial Court Branch 18, Executive Judge Carolina Icasiano-Sison said her office had referred the falsification incident to the Department of Justice (DOJ) for further investigation and filing of proper charges against Guteza.
The court said the DOJ’s action against Guteza may cover other persons who “actively participated in [the] falsification.”
Guteza appeared on Sept. 25 at the Senate blue ribbon committee hearing on flood control project anomalies. He was allowed to read his affidavit for the record after being presented to the body by Sen. Rodante Marcoleta, who said the witness was referred to him by former congressman Mike Defensor.
Lacson wants him back
The following day, then committee chair Sen. Panfilo Lacson expressed disapproval of what happened, saying the “surprise witness’’ was introduced “without courtesy of notice,” and that Guteza’s background needed further checking.
On Tuesday, Lacson, who resigned as chair three weeks ago but is expected to retake the position when Congress resumes session next month, said Guteza will be asked to again face the panel.
A subpoena will be sent to Guteza “through the office” of Marcoleta and Defensor, Lacson said in a statement. “They had a hand in presenting (him), so we hope they know how to contact Guteza,” he said.
According to Lacson, Senate security videos show that Guteza stayed for about 30 minutes at Marcoleta’s office before going to the session hall for the morning hearing.
In the Manila RTC order, Judge Icasiano-Sison cleared notary public Petchie Rose Espera of any liability, saying her purported signature on Guteza’s affidavit was a forgery, making her a “victim” in the case.
The order cited as basis the forensic analysis conducted by the National Bureau of Investigation showing that the signature on the affidavit and Espera’s standard signature “were not written by one and the same person.”
“The act of falsifying a notary public’s signature constitutes a criminal offense under the Revised Penal Code… Such falsification undermines the integrity of the notarial process and poses a threat to the credibility of legal instruments executed before notaries public,” the court pointed out.
All other persons who made use or uttered the sworn statement signed by Guteza “shall be liable for falsification,” it said, adding that “in the absence of a satisfactory explanation, one who is found in possession of a forged document and who used or uttered it is presumed to be the forger.”
Incident report
Hours after Guteza’s testimony and copies of his affidavit appeared on social media, Espera issued a statement denying she signed the document.
She later filed an incident report at the Manila RTC to clear her name, saying the forgery and her being dragged into the public works controversy were causing damage to her professional reputation.
Guteza has yet to make a public appearance since the Sept. 25 Senate hearing. He also did not show up in court despite being summoned twice in connection with Espera’s incident report.
Guteza claimed he was a former security consultant of then Ako Bicol Rep. Zaldy Co, one of the lawmakers being investigated over allegedly graft-tainted infrastructure projects.
In his sworn statement, he said he delivered millions of pesos in cash to the Taguig City residences of Co and then Speaker Martin Romualdez. The former House leader dismissed the testimony as “a complete fabrication” by a coached witness. —WITH A REPORT FROM TINA G. SANTOS
