DOJ: Discaya state witness plea depends on guilt, return of funds

The Department of Justice (DOJ) on Wednesday said it still needs to study whether contractors Curlee and Sarah Discaya can become state witnesses for the government's investigation into anomalous flood control projects, adding that the two appear to have been conspiring with others officials from the beginning.

Justice spokesperson Mico Clavano said the couple may become state witnesses if they are not the most guilty and their testimony is absolutely necessary.

"Kaso nga lang po, ang lumalabas po sa mga statements nila ay mukhang kakuntsaba na nila from the very start 'yung mga contractor pati 'yung ibang politicians. At before po 'yan sa implementation ng project," he said in an ambush interview.

(The problem is, based on their statements, it seems they were already conspiring with the contractors and also with other politicians from the very start. And that was even before the implementation of the project.)

"Sa ganoong paraan ay magiging co-conspirator sila. And in a conspiracy, the guilt of one is the guilt of all. Meaning to say po, kung 'yung kasama nila sa conspiracy ay most guilty, sila din po ay puwedeng ituring na most guilty," he added.

(In that way, they will be considered co-conspirators. And in a conspiracy, the guilt of one is the guilt of all. Meaning to say, if the people they conspired with are the most guilty, they too can be considered most guilty.)

Clavano also reiterated the condition of Justice Secretary Jesus Crispin Remulla that the Discayas must first return ill-gotten funds, if there are any.

He said this is a pre-condition for them to even considered.

EXPLAINER: What does it take to be a state witness?

According to the Rules of Criminal Procedure, the court must be satisfied with the following before it discharges an accused to be a state witness:

• Absolute necessity for the testimony of the accused whose discharge is requested;
• No other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
• Testimony of the accused can be substantially corroborated in its material points;
• Accused does not appear to be the most guilty; and
• Accused has not at any time been convicted of any offense involving moral turpitude

The Discayas previously expressed interest in being state witnesses.

They also disclosed the names of several congressmen, their staff, and officials of the Department of Public Works and Highways (DPWH) who are allegedly involved in corruption of the flood control projects.

Clavano, meanwhile, stressed that there is no formal investigation yet. He said everything will be established and validated by the independent commission that will investigate the flood control projects. — VDV, GMA Integrated News