Metro Manila, Philippines – Three former officials of the Department of Public Works and Highways (DPWH) and a contractor have been formally admitted as state witnesses by the Department of Justice (DOJ), absolving them of criminal liability in exchange for cooperation in the government’s investigation on the flood control corruption scandal.
In a press briefing on Thursday, Jan. 15, the DOJ announced that the following were accepted into the Witness Protection Program (WPP):
- Former DPWH Undersecretary Roberto Bernardo
- Former DPWH Bulacan First District Engineer Henry Alcantara
- Former DPWH National Capital Region Director Gerard Opulencia
- Contractor Sally Santos of SYMS Construction
“Sila yung nakikipagtulungan sa DOJ para mapalakas yung ating mga kaso,” Justice Secretary Fredderick Vida said.
“Isa sa karapatan ng state witnesses na ina-admit sa programa is to be discharged from criminal liability doon po sa partikular na kaso na… tinutulungan nila kami,” he added.
[Translation: They are cooperating with the DOJ to strengthen our cases. One of the rights of state witnesses admitted into the program is to be discharged from criminal liability in the specific case in which they are assisting us.]
Vida said the state witnesses have returned a total of ₱316.381 million in separate instances. DOJ spokesperson Polo Martinez provided the following estimated breakdown:
- Alcantara, ₱181 million
- Opulencia, ₱80 million
- Bernardo, ₱35 million
- Santos, ₱20 million
Justice Undersecretary Nicholas Felix Ty said Bernardo turned over ₱35 million through a manager’s check on Tuesday, Jan. 13. The amount forms part of the proceeds from the sale of a property, as Bernardo committed under a memorandum of agreement to return ₱1 billion to the government as part of his WPP application.
Bernardo and Alcantara earlier admitted to facilitating kickbacks from flood control funds and identified alleged recipients. Opulencia reportedly provided testimony regarding anomalies in Bulacan, a province long plagued by controversial flood control projects.
Santos, a contractor with previous projects in the province, earlier admitted to lending her contractor’s license to members of the DPWH Bulacan First District Engineering Office, who allegedly used it to implement ghost flood control projects.
Alcantara’s former subordinates in the same office – Brice Hernandez and Jaypee Mendoza – were not accepted into the WPP.
“Sa ngayon base sa pagsusuri namin sa mga sinumite na ebidensya sa amin, hindi sila [qualified] as state witness under the Witness Protection Program,” Prosecutor General Richard Fadullon said.
[Translation: At this point, based on our evaluation of the evidence submitted to us, they are not qualified to become state witnesses under the Witness Protection Program.]
He did not give details.
Hernandez was among the first to name senators who allegedly received kickbacks from flood control projects, but Vida said this alone does not guarantee admission into the WPP.
“Yung pagbabalik ng pera bahagi lang ng pakikipagtulungan,” Vida said.
“Hindi pwedeng mangungulimbat ka tas magbabalik ka lang ng pera, abswelto na,” he added, stressing the need for accountability.
[Translation: The return of money is only one part of cooperation. You cannot simply plunder funds, return the money, and expect to be absolved.]
One of the conditions for admission into the WPP is that the applicant must not be the most guilty party in the case.
The DOJ is investigating three high-profile cases filed by the National Bureau of Investigation, with plunder as the principal charge, against former congressman Zaldy Co, Senator Jinggoy Estrada, and former senator Ramon “Bong” Revilla. All three have denied involvement in anomalous flood control projects and alleged kickbacks.
In total, the DOJ is handling more than 20 flood control cases, separate from those already pending before local courts, the Office of the Ombudsman, and the Sandiganbayan.
