Fadullon: Discayas haven’t said they’ll stop cooperating with DOJ

The Department of Justice has yet to receive word that contractors Sarah and Curlee Discaya will no longer cooperate with them, following their withdrawal of cooperation with the Independent Commission for Infrastructure (ICI), Prosecutor General Richard Fadullon said Thursday.

“Nabigla kami. Pero as far as the department is concerned, wala pa namang pahiwatig na sila ay hindi magpapatuloy sa pakikipag-usap sa amin,” Fadullon said in an ambush interview.

(We were surprised. But as far as the department is concerned, there has been no indication yet that they will stop communicating with us.)

The couple withdrew their cooperation after they saw a media interview of ICI Commissioner Rogelio Singson, where he said that no one has yet qualified to become state witnesses.

The Discayas, who are considered protected witnesses, have been repeatedly visiting the Justice Department for almost a month for case build up over anomalous flood control projects.

DOJ officer-in-charge Undersecretary Fredderick Vida, however, recently said that the department is still not happy with the information they provided.

Fadullon said he believes the couple is not in the position to demand anything.

“They’re applying for supposed to be witness protection coverage. And we have our procedures to determine whether or not they will be qualified or not. It is not for anybody to dictate to us how we will go about doing the evaluation. It is not for anybody to impose any conditions,” he said.

He said that witnesses cannot simply mention names without providing supporting documents or evidence.

Fadullon also said that he believes the couple’s withdrawal of their cooperation will not hinder the filing of cases.

The prosecutor general said that some cases can be filed over anomalous projects even without state witnesses.

He was asked if the DOJ has enough evidence to charge individuals without considering state witnesses, or individuals that are discharged from a case and freed from criminal liability. 

“Yes. For example, the cases that were referred by the Department to the Office of the Ombudsman last Tuesday,” Fadullon said. 

“These are cases involving flood control projects, ‘yung ghost projects. You can rely on documentary evidence for that without necessarily having anybody as state witness. If you do get a state witness, it is only for the purpose of strengthening the evidence,” he added. 

Last week, the DOJ  referred to the Office of the Ombudsman its recommendation to file graft, malversation, perjury and falsification of public documents charges against DPWH officials of the Bulacan First District Engineering Office and contractors.

Fadullon said he was careful about relying solely on testimonies due to recantations. 

Still holding back

Fadullon, meanwhile, said that some protected witnesses are still holding back.    

Aside from the Discaya couple, also considered protected witnesses are former Public Works and Highways Undersecretary Roberto Bernardo, dismissed Bulacan first district engineer Henry Alcantara, and engineers Brice Hernandez and Jaypee Mendoza 

“Meron pa pong iba who are holding back. Hindi po nagbibigay. ‘Yung tinatawag nating nagkakaroon ng selective memory or selective amnesia,” he said.

(There are still others who are holding back. They are not providing information. What we call having selective memory or selective amnesia.)

“When you start asking names, they will suddenly forget. When you start asking amounts or the time, the timeline when these transactions happened, they suddenly forget,” he added.

CLTG

Meanwhile, Fadullon said that the DOJ will look into all recorded joint ventures on the flood control projects.

“Sabi nga po ng Pangulo, lead us wherever the evidence leads us,” he said.

He said this when asked about the alleged links of the Disacaya couple to the CLTG Builders, which is owned by the father of Senator Bong Go.

In an interview with Super Radyo dzBB, Ombudsman Jesus Crispin Remulla bared that the couple have refused to disclose details of their partnership with CLTG.

According to Remulla, the Discayas only said that they knew nothing about the joint venture with the Davao-based firm and their license was only used. 

When asked if the Discayas revealed information regarding CLTG to the DOJ, Fadullon said he has yet to personally talk to them. He said he will be present for the next meeting.—AOL, GMA Integrated News