Marcoleta grills DOJ over Discayas' state witness bid

Senator Rodante Marcoleta on Tuesday once again questioned the Department of Justice (DOJ) for insisting that contractors Sarah and Curlee Discaya should return illegally acquired wealth, if any, to the state coffers before they can be entered into the Witness Protection Program (WPP).

During the Senate Committee on Finance’s deliberations into the proposed P43.65-billion budget of the DOJ and its attached agencies for fiscal year 2026, Marcoleta claimed that agency is “imagining something that is not within the law.”

“Kung ipipilit na merong restitution kahit wala sa batas, how can you process the application, for example, of the applicant? Kasi kapag tinignan mo…I think the applicable section is Section 10. Basahin mo ‘yun, wala namang restitution,” Marcoleta said.

(If you insist that there should be restitution even though it is not in the law, how can you process the application, for example, of the applicant? Because when you look at it...I think the applicable section here is Section 10. Read that, there is no restitution there.)

“So kung ipilit natin (if you would insist) that somebody should first restitute, doon pa lamang sa title ng batas (based on the law), it is all for the benefit, interest, and protection of the witness. To burden him or her with additional requirement which is not in the law, hindi ko maintindihan (I can’t understand) how can you agree with that?”

Section 10 of Republic Act No. 6981 or the Witness Protection, Security and Benefit Act, states that any person who has participated in the commission of a crime and desires to be a witness for the State can apply and possibly qualify to be admitted into the WPP if the following circumstances are present:

• the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws;
• there is absolute necessity for his testimony;
• there is no other direct evidence available for the proper prosecution of the offense committed:
• his testimony can be substantially corroborated on its material points;
• he does not appear to be most guilty; and
• he has not at any time been convicted of any crime involving moral turpitude

DOJ officer-in-charge Fredderick Vida, meanwhile, said that he agrees with the position of former Justice secretary now Ombudsman Jesus Crispin Remulla, that restitution is one of the conditions to qualify for WPP.

Justice Undersecretary Jesse Andres also maintained that there is no inconsistency in what the DOJ is doing, citing Section 5 (f) of the law, which states that before a person is provided protection, he shall first execute a memorandum of agreement which shall set forth his responsibilities, including complying with legal obligations and civil judgments against him.

“This includes po other provisions of law including the civil code on unjust enrichment. Kasama po ‘yan (that’s included). Every law should be read consistent and harmoniously with other provisions of the law,” Andres said.

“I'm making a distinction po between process and enjoying the benefits under this Act. So ipo-process na po ‘yan dahil matagal naman po ang paraan para malaman at matutunton ang lahat ng civil obligation… Kailangan po natin makuha ang statement ng mga potential witnesses—kailangan pong i-evaluate, kailangan pong malaman,” he added.

(That will be processed because it takes a long time to find out and trace all the civil obligations... We need to get the statements of potential witnesses—we need to evaluate, we need to know.)

Marcoleta then reiterated that he is not protecting the Discayas.

“I have to explain myself—hindi ko dinidepensahan ang mga taong ‘yun. Ginawa ko lamang ‘yun doon sa nalalaman ko na ma-identify natin ang pinaka-mastermind dito. ‘Yun lang, wala nang iba. Kung gusto niyong ang ma-identify puro butete at sapsap, bahala na kayo sa buhay ninyo,” he said.

(I have to explain myself—I'm not defending those people. I only did that in order for us to identify the mastermind here. That's all, there's nothing else. If you want to only identify the small fishes, it's up to you.)

Last month, the Discayas disclosed the names of several congressmen, their staff, and officials of the Department of Public Works and Highways (DPHW) who are allegedly involved in corruption in the country’s flood control projects.

The contractor couple said this during a hearing of the Senate blue ribbon committee–which Marcoleta previously chaired—as they expressed willingness to be state witnesses following their revelation. They also asked President Ferdinand “Bongbong” Marcos Jr. and the committee for help for the protection and security for their family.

Last week, Executive Director Brian Hosaka announced that the Discayas would no longer cooperate with the Independent Commission for Infrastructure (ICI) on its investigation into the alleged anomalous flood control projects.

Hosaka said 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.

But Prosecutor General Richard Fadullon said that the DOJ has yet to receive word that the Discayas will no longer cooperate with them, following their withdrawal of cooperation from the ICI. — RSJ, GMA Integrated News