IMAGINE Sen. Rodante Marcoleta, former chief of the Senate Blue Ribbon Committee, advising notorious flood control project billionaire-couple– Pacifico “Curlee” and Cezarah “Sara” Discaya– to apply as state witness despite their repugnant crimes that continue to make Filipinos suffer from devastating floods even with the slightest rain?
And he had the gall to admit it before now Senate President Vicente Sotto III, who refused to sign the letter from Marcoleta asking the Department of Justice to place the Discaya couple under the Witness Protection Program.
Sotto said it would be unfair to the people to give government protection to these greedy contractors when they amassed and flaunted their wealth (luxurious lifestyle, mansions, premium cars and jewelries) that all came from taxpayers money.
“Hindi naman pwedeng makakuha sila ng proteksyon ng gobyerno pero ang dami nilang nakuhang pera ng bayan. Unfair sa mga kababayan natin ‘yon,” he said.
He also said the Discayas have to meet certain conditions before qualifying as state witnesses, one of which is they must return all the funds they stole and tell the truth.
The disclosures– including the list that included top officials and district engineers of the Department of Public Works and Highways, some from the executive branch and 15 legislators (without citing any senator and some congressional leaders who have been responsible for insertions and diverting funds to flood control projects in exchange for kickbacks)– have been largely refuted and debunked and were branded as full of inconsistencies and half truths.
He noted that the Discayas said something different in their testimonies before the Senate and the House of Representatives.
He also cited his nephew’s, Pasig City Mayor Vico Sotto, expose which set into motion the large-scale parallel probes.
“Sabi nga ni Mayor Vico Sotto, sinungaling sila. Hindi ganon kadali ang hiling nila,” he said.
MARCOLETA’S ‘BRILLIANT’ IDEA
Marcoleta said he brought up the idea to the Discaya couple to become state witnesses when they indicated their willingness to submit a sworn statement in the investigation into flood project anomalies. Much of what they stated in their sworn affidavits, they also denied or retracted in later grillings by the senators and congressmen during separate probes.
Marcoleta said that on September 1, while chairing the committee, he broached the idea of providing provisional immunity to those who would reveal corruption in the projects, as he was talking to the Department of Justice. He also told them they would have to be assessed and must be found as not the most guilty.
He said he later told an emissary of the Discayas that the couple must first come up with a statement showing that they really want to speak up and tell the truth. The emissary was also told about his idea (to the Discayas) to be state witnesses.
“Siniguro ko po talaga na sila’y voluntary na gagawa ng sworn statement kaya iyon pong kanilang emissary, sinabi ko kailangan sumulat muna sila na talagang gusto nilang magsalita at walang halong pagsisinungaling ito, yun ang option na gusto nila. At narinig nila yung aming fino-float na option na sila’y lumabas bilang isang witness, state witness,” he said in the Senate plenary on Wednesday.
After this, he said the Discayas decided to speak up before his committee and came up with the list of names of the lawmakers and DPWH who allegedly demanded kickbacks from them.
They also said in their affidavit that they were ready to testify as state witnesses and to expose corruption in government offices.
Marcoleta wrote the DOJ asking that the Discayas be placed under DoJ’s Witness Protection Program for their safety.
But Senate President Sotto III refused to sign Marcoleta’s letter, saying the Discayas have to be assessed and that the new Blue Ribbon Committee Chair, Sen. Panfilo Lacson, mst be consulted about the matter.
Curlee was asked in the House as to who gave him the idea of becoming a state witness, to which he lied, saying he asked his lawyer about it.
CONDITIONS OF WPP
To qualify for the Witness Protection Program, an applicant must have knowledge of a grave felony and their testimony must be absolutely necessary and substantially corroborated, with no other direct evidence available.
The applicant’s testimony must not be deemed the most guilty, and there must be a credible threat to the witness or their family’s life or safety. (In this regard, the couple are making it appear that they were victims of a corrupt system and that they least benefitted from it, which is not corroborated by the reality of their billions of pesos, their mansions, their luxurious lifestyle and cars, jewelries).
A witness who participated in the crime can apply if their testimony is crucial for prosecution, and they must sign a Memorandum of Agreement detailing their responsibilities.