DOJ sees ‘hurdles’ in Zaldy Co probe

MANILA, Philippines — Ombudsman Jesus Crispin Remulla may be confident about filing criminal cases over flood control project anomalies, but the Department of Justice (DOJ) admitted it is still facing “hurdles” in building up the case against resigned congressman Zaldy Co.

In an interview on One News’ “Storycon” yesterday, DOJ spokesman Polo Martinez said they are “not yet” close to filing a case against Co, whose whereabouts remain unknown.

“Preliminary investigation comes first. But before that can proceed, the evidence has to be enough to file a case before a court,” Martinez said in Filipino. “If the evidence is not sufficient within the first tier – the preliminary investigation – we cannot go to the court for us to file the information necessary for the trial to proceed.”

Martinez said Co’s absence poses a major problem, leading to “insufficiency of evidence, enough for us to proceed to trial or conduct a preliminary investigation.”

He added the DOJ and its prosecutors had been “deputized” by the ombudsman to investigate five complaints, with the standard for case filing being prima facie evidence “with reasonable certainty of conviction.”

“We are still building it up,” Martinez said. “As much as we would like to say those who should be jailed will be jailed, sometimes, it is not always as simple as that.”

A case must be filed in court, which will issue an arrest warrant. This will serve as a basis for canceling Co’s passport and seeking his extradition.

Martinez said Co’s case is different from that of expelled congressman Arnolfo Teves, who was extradited from Timor-Leste to face charges for multiple murder in Negros Oriental, and from that of former Bamban mayor Alice Guo.

Timeline

The DOJ maintained that it would take about a month to finish the preliminary investigation on the flood control cases in Bulacan, contrary to Remulla’s claim that the cases could be filed as early as Monday.

“We plan to accomplish preliminary investigation on at least one of the five cases within a one-month period,” Martinez said.

Remulla earlier said the DOJ was deputized to investigate and prosecute cases involving public officials under Salary Grade 26 or below, citing the completeness of evidence and testimonies gathered during Senate hearings.

“This will go straight to filing by the DOJ at the latest by Monday because the case is already complete,” he told reporters in Filipino after a Senate hearing.

Remulla confirmed that Co could be among lawmakers facing cases before the Sandiganbayan.

“He is likely included because there’s a Mindoro case that was among those filed,” he said in Filipino, referring to projects in Mindoro, particularly in Naujan, linked to Co’s construction firm Sunwest Inc.

He added that once Co is charged, his passport may be canceled and assets frozen – along with those of several other lawmakers and Department of Public Works and Highways personnel.

Remulla also disclosed that former Bulacan assistant district engineer Brice Hernandez is no longer seeking to become a state witness but is being considered a “cooperative witness.”

Martinez reminded those applying as state witnesses must first return stolen government funds, citing Section 5(d) of Republic Act 6981.

“If their statements cannot provide a direct link to the crimes...their statements are not that important,” he said.

Lawmakers tagged

Aside from Co, Hernandez and Alcantara, Remulla identified Bulacan 6th District Rep. Salvador Pleyto Sr., Benguet Rep. Eric Yap, ACT-CIS Rep. Edvic Yap and Davao Occidental Rep. Claude Bautista as persons of interest.

Citing an Anti-Money Laundering Council (AMLC) report, Remulla said that Edvic Yap and Pleyto, reportedly the president of S.A. Pleyto Construction Corp., received “remittances” from contractors Sarah and Curlee Discaya.

Pleyto called the allegations “baseless” and urged the AMLC to release its official report.

“I strongly condemn these accusations and insinuations against me,” he said, adding that he is ready to cooperate “in the interest of truth, accountability and due process.”

Eric Yap allegedly had beneficial ownership of Silverwolves Construction Corp., which secured P89.7 million worth of projects in La Union that were later found to be substandard, while Bautista was said to own another firm linked to projects in Davao Occidental.

As of yesterday afternoon, Bautista and the two Yaps have yet to issue official statements. — Neil Jayson Servallos, Elizabeth Marcelo, Jose Rodel Clapano