Ping: Retractions won’t stop flood mess cases
Senate President Pro Tempore Panfilo “Ping” Lacson on Sunday warned former Department of Public Works and Highways (DPWH) officials to think twice before retracting their sworn statements related to anomalous flood control projects.
Stressing that the criminal complaints resulting from the multi-billion corruption scandal in the country’s flood control program would still stand even if these former officials retract their statements that they gave kickbacks to lawmakers, Lacson said the better course of action is for them to continue cooperating with the government’s investigation.
“[T]heir better course of action is to continue cooperating, with the corresponding restitution and hope that they will be discharged as state witnesses by the courts or given shorter jail terms,” he told the Inquirer.
“Their statements are not stand-alone evidence. The case won’t die or collapse on the basis of their recantation,” he also said in an interview with radio dzBB.
The Senate blue ribbon committee’s inquiry into the flood control scandal will resume on Jan. 19.
According to Lacson, if the former DPWH officials withdraw their testimonies, they will not only face sanctions for perjury, but their recantation will fail to weaken the cases being built against those involved.
“If they will recant, they may be liable for violating the law on perjury, Article 183 of the Revised Penal Code as amended by RA 11594, which raises the penalty for perjury to up to 12 years. This is aside from a penalty of P1 million and perpetual absolute disqualification if the offender is a government official,” he said.
“Even if the DPWH officials involved recant their statements, this may not sway the investigation into the flood control scandal as circumstantial or documentary evidence such as items in the budget books linking personalities, including lawmakers, to the mess had been bared in previous blue ribbon hearings,” he added.
He said these former officials “are already at least waist-deep in the cases since there are other corroborative evidence such as the list of items in the budget books that describe the projects involving substandard and/or ghost projects resulting in millions of pesos in kickbacks that are already part of the records.”
He cited records in the blue ribbon panel, the Independent Commission for Infrastructure (ICI), the Anti-Money Laundering Council (AMLC) and the Ombudsman.
“Even in the different agencies like the Department of Justice (DOJ) and Department of Budget and Management, to name some, not to mention the initial assets that they have surrendered to government,” the Senate leader added.
Indications of wrongdoing
A report about former Bulacan district engineer Henry Alcantara’s supposed recantation in a counteraffidavit came from a lawyer for Sen. Joel Villanueva, whom Alcantara had pointed to as among the senators who allegedly received kickbacks from public works projects.
But the DOJ said it had not received any affidavit from Alcantara retracting his statements during his previous revelations before the Senate blue ribbon committee last September.
Justice Undersecretary Polo Martinez, the agency’s spokesperson, said in a statement on Saturday there has been “no official recantation by Alcantara whether written or verbal” on his testimony before ongoing investigations regarding anomalous, substandard and ghost flood control projects in Bulacan province.
Lacson explained that Alcantara’s testimony and those of former DPWH-Bulacan assistant district engineers Brice Hernandez and Jaypee Mendoza were not “stand-alone” testimonies.
He added the DOJ is investigating the case while the AMLC has frozen the accounts of some of those involved.
He added that Alcantara and Hernandez had already turned over money and vehicles to the government—indications that they admitted wrongdoing.
No-show witnesses
Alcantara had returned about P181.37 million in cash to the government as restitution for his share of the kickbacks—P110 million in November last year and P71.37 million in December. The money was part of P300 million in illegally amassed wealth that Alcantara reportedly committed to return to the government.
Hernandez also turned over luxury vehicles he owns to the ICI. These vehicles include Lamborghini Urus and GMC Yukon Denali “as a sign of good faith” and proof of desire to help the government.
“That’s another thing, they returned (money and vehicles)…that’s a proof that they are admitting they stole something. That’s another evidence that can be used against them or the people they implicated,” said Lacson.
“I won’t wonder if some of those implicated may have reached out to the ex-DPWH officials through their lawyers,” he said.
The committee will subpoena personalities who were invited before but did not show up. These include ex-DPWH Secretary Manuel Bonoan, ex-Undersecretary Trygve Olaivar, businessman Meynard Ngu, and resigned lawmaker and fugitive Elizaldy Co.
Option to invite Leviste
“Olaivar and company were invited but did not show up. We already subpoenaed them. If they still won’t show up, we can issue warrants for their arrest,” Lacson said.
The senator also said he wants to clarify with the budget department and Office of the Executive Secretary how a special allotment release order that allowed the release of P50 billion from unprogrammed budget appropriations was released on Dec. 27, 2024.
He said the committee may invite Batangas Rep. Leandro Leviste through the House leadership, if Leviste agrees.
When asked if the Cabral files—pertaining to documents from the late former DPWH Undersecretary Catalina Cabral—would be enough basis to file cases against Cabinet members, Lacson said the documents must first be authenticated by the DPWH.
