Discayas will no longer cooperate in ICI probe

Ombudsman: No tell-all, no state witness

MANILA, Philippines — With their hope of turning state witness in the flood control corruption scandal dashed, contractor couple Curlee and Sarah Discaya will no longer cooperate with the Independent Commission for Infrastructure (ICI).

“They invoked their right to self-incrimination and manifested that they will no longer cooperate with the investigation being conducted by the ICI,” executive director Brian Keith Hosaka said yesterday.

Ombudsman Jesus Crispin Remulla said charges may soon be filed against the Discayas as “they were not in a tell-all mood” anyway.

“That was the problem I saw from the very beginning. They didn’t seem willing to tell everything. They wanted to spare a lot of people and just say only what they chose to,” Remulla said in Filipino in an interview with “Storycon” on One News yesterday.

He was relating his experience interacting with the couple when he was still Department of Justice chief.

Hosaka said the Discayas had initially agreed to cooperate with the ICI to obtain a “favorable recommendation from the commission as state witnesses.” The DOJ earlier classified the couple as “protected witnesses.”

The Discaya camp, however, had a change of heart in light of an interview given by ICI member Rogelio Singson with broadcaster Karen Davila, uploaded on Monday, where she asked if the fact-finding body had considered endorsing certain personalities to be placed under the witness protection program.

“We have not even thought about it because personally, that’s a far shot,” Singson said in his first interview since his appointment to the three-member body on Sept. 13.

Davila mentioned the names of the Discayas, along with dismissed engineers Henry Alcantara and Brice Hernandez, asking if they had any chance of becoming state witnesses.

“Personally, no way,” the former public works chief said. “They are not the least guilty; they are principal players…

“The public is already angry at them, then you’ll give them state protection to be able to get away from further cases and enjoy the benefits of their anomalous practices? Please don’t,” he added.

State witnesses must have personal knowledge of the crime but should not be the most guilty. Once qualified, they would be immune from criminal prosecution.

The Discayas are currently facing a P7.1-billion tax evasion case for failing to pay income, excise and documentary stamp taxes.

Curlee, currently in Senate custody after being cited for contempt last month, has filed a habeas corpus petition before the Pasay Regional Trial Court Branch 298 in a bid to secure his release from detention.

The Discayas evaded the media during their third and possibly last ICI appearance yesterday, with reporters rushing across the commission’s office in Taguig to take photos of the controversial couple.

Former public works undersecretary Roberto Bernardo was supposed to appear yesterday, but he asked to be excused, saying he was down with flu. He is set to return next week.

Hosaka said the investigation will proceed despite the Discayas’ decision to cease cooperating with the ICI.

“We’re just continuing. Whatever they said and what other witnesses have already said will be sufficient for us to continue our investigation, build our cases and file the necessary recommendation at the ombudsman,” the ICI executive director said. “They were able to appear before the commission and that would stand.”

For assistant ombudsman Mico Clavano, the Discaya couple seemed to be “misguided” in their decision not to cooperate anymore with the ICI.

In a statement sent to reporters via Viber, Clavano said cooperating with the government is the “only option” left for the Discaya spouses. “It will serve the public’s interest as well,” he added.

‘Political calculation’

In his interview with “Storycon,” Remulla said he presumed the Discayas were trying to “spare” some people “out of political calculation,” as he does not see “fear in their faces.”

Remulla said they made it clear to the contractor couple that they are still under evaluation and, given the extent of their involvement, they may still face imprisonment.

“In fact, they walked out when they were told that they may suffer jail time. They stopped cooperating already (with the DOJ) last week,” the ombudsman added.

For Remulla, it’s difficult to promise the Discayas blanket immunity, given that the investigation is still ongoing.

“The ombudsman can give immunity, but of course within reasonable bounds,” he said.

“It’s very hard to make a judgment immediately because this is massive. Some of the crimes are still undiscovered, so how can you give them blanket immunity when some of the crimes have not yet come to fore?” he added.

As for other possible respondents, the ombudsman said he is in the process of forming a team and improving the process to ensure cases filed would be airtight.

He said it is possible to reach a verdict in less than a year, provided that the court will not allow dilatory tactics of defense lawyers.

“It’s possible to be plunder, but it really depends on the evidence. It could be malversation, it could be conflict of interest… Whatever legal provision is needed to convict people, we will do it,” he said. “If we have to get them by tax evasion, we will do it.”

At a Palace briefing, President Marcos expressed confidence he won’t be linked to the flood control scandal and that any allegations against him would be proven to be politically motivated aimed at unseating him.

“Well, I am confident because I know what we did or did not do,” the President said when asked about claims that investigations would eventually lead to his doorstep.

Marcos stressed the ongoing probe by the ICI will spare no one.

“So, but if – we investigate – we investigate everybody. We’ll follow the evidence. And wherever that leads is not something that we try to direct or influence,” he said.

More ILBOs

The Department of Justice, meanwhile, has approved a request from the ICI to place 16 more individuals linked to the flood control mess under an immigration lookout bulletin order (ILBO).

The order tasks the Bureau of Immigration (BI) to closely monitor the travel movements of the subject individuals. However, this does not prevent them from leaving the country as only hold departure orders issued by a court can do so.

Placed under ILBO are former Caloocan representative Mitch Cajayon-Uy and businessman Arturo Atayde, the father of Quezon City Rep. Arjo Atayde.

Also placed under ILBO are Alvin Tan, Bong Marasigan, Elmer de Leon, Ed Fuentebella, Johnny Santos, John Mary Vianney Parago, Alvin Mariano, Ryan Uy, Darryl Recio, Nestor Venturina and Benjie Tocol.

Engineers Aristotle Ramos, Michael Rosaria and Angelita Garucha are also included in the new ILBO list.

Three names previously part of the ICI’s first ILBO request – Romeo Magalong Jr., Ramon Devanadera and Johnny Protesta Jr. – were erroneously included in yesterday’s announcement.

Those placed under ILBO “definitely might have information with regard to the ongoing investigation being conducted by the ICI,” Hosaka said.

An earlier ILBO covered 33 people, including former top congressional leaders Rep. Martin Romualdez and Sen. Francis Escudero.

Immigration spokesperson Dana Sandoval said that aside from former congressman Zaldy Co, another person under ILBO managed to sneak out of the country. She declined to name the person.

“We are monitoring his return,” she said. - Janvic Mateo, Daphne Galvez, Elizabeth Marcelo, Helen Flores, Evelyn Macairan