Senators clash over protected witnesses

MANILA, Philippines — Senate President Pro Tempore Panfilo Lacson traded barbs with his predecessor in the Senate Blue Ribbon committee, Rodante Marcoleta, accusing the latter of trying to protect contractor couple Curlee and Sarah Discaya by pushing for their witness protection bid.

The Senate Blue Ribbon committee hearing had just started when Marcoleta brought up Lacson’s pronouncement in a television interview that dismissed district engineer Brice Hernandez is a more credible witness than the Discaya couple.

Marcoleta said he brought up this “prejudicial question” about Lacson’s remarks even as he is the present Blue Ribbon chairman leading the investigation.

But Lacson said that was his “personal opinion outside of this hearing or of this hall,” which Marcoleta cannot “question.”

Lacson called for the suspension of the hearing as he and Marcoleta continued their verbal tussle.

“What’s your point? Are you trying to steal the show this morning?” Lacson told Marcoleta. “Are you creating trouble to prevent the proceedings? Why are you so protective of the Discayas?”

Marcoleta denied protecting the Discayas in pushing for their witness protection, saying they could be in a better position to tell all about the kickbacks scheme while under state protection.

“I am not protecting them.  I will register my continuing objection and will question the objectivity of this proceedings in the plenary,” Marcoleta said.

Later, Marcoleta would also engage resource person Justice Secretary Jesus Crispin Remulla in a verbal spat after the latter stated that restitution is required from applicants to the Witness Protection Program.

Marcoleta stressed that restitution is not among the requisites for entry into the WPP.

“Mr. Secretary, a couple of days ago in the last hearing when you were here, we somehow settled the issue that restitution is not a requisite for an applicant to the WPP. Is that correct?” he asked.

Remulla replied: “It’s not in the law but for me sir, it’s not only the law that dictates the need for it. It’s also what is morally right. What is expected of us.”

Burt the senator warned Remulla against “changing the provision of the law” by adding requirements not provided for under the statute.

“Don’t change the requisite of the law, Mr. Secretary,” he told Remulla. He also warned Remulla that he may be disbarred for tinkering with the law.

The Justice chief explained that while restitution is a matter for the courts, it is used by the DOJ to gauge a witness’ good faith.

“It’s not in the rules, but it’s a test of the reliability of a witness,” he said in Filipino.

The Justice secretary also defended the DOJ’s position, saying restitution is part of ensuring accountability in financial crimes.

“What is the reason behind the law? So that we can get justice and justice can only be attained if there is restitution,” Remulla said.

Sen. Bam Aquino separately argued that returning stolen public funds should be a condition for those seeking protection.

Sen. Erwin Tulfo, for his part, sought clarification from Remulla on whether becoming a state witness guarantees immunity from prosecution.

Remulla answered that witnesses could either be discharged by the courts or not charged at all, depending on the DOJ’s agreement with them.

“The higher up the food chain, the better,” he said, noting the objective is to hold top officials accountable regardless of political ties.