DOJ urged to prosecute 'surprise witness' Orly Guteza over affidavit

The Department of Justice (DOJ) should prosecute Senate Blue Ribbon panel witness Orly Guteza, among others, over Guteza's affidavit in connection with the anomalous flood control projects investigation, House infrastructure panel chairperson Terry Ridon said Wednesday.

Ridon made the call after Senator Panfilo Lacson, who is expected to return as the chair of the Senate Blue Ribbon Committee, said the signature on Guteza's affidavit was not that of the lawyer Petchie Rose Espera, whose name appeared on the document. Lacson has said the executive judge of the Manila Regional Trial Court issued a resolution with regard to these findings.

“It is a damning exposure of a coordinated political operation built entirely on lies and fabricated evidence. This ruling is a decisive vindication of fact over fiction,” said Ridon, who also serves as Bicol Saro party-list representative.

"The DOJ should immediately implement the court's directive and prosecute all those responsible for this calculated falsification," Ridon added in a statement.

Guteza, who identified himself as a former security consultant for resigned Ako Bicol party-list Rep. Zaldy Co, earlier told a Senate inquiry that he personally delivered luggage of money to the residences of Co and former Speaker and Leyte Rep. Martin Romualdez.

Guteza had claimed delivering the luggage of money to the house of Co in Pasig City, which were being received by the congressman's executive assistants identified as John Paul Estrada and Mark Tecsay. Once the money was counted, it was then supposedly transferred to Co's unit in Horizon Residences in Taguig City. 

He also claimed that Benguet Rep. Eric Yap, a former representative of the ACT-CIS party-list, delivered 46 suitcases of money to Co’s residence. 

These allegations were all denied by Co, Romualdez and Yap, saying Guteza's accusations are baseless.

Lacson has said that although Guteza's sworn statement in the flood control hearing remained "valid," there was still an issue of credibility since he supposedly lied when he claimed that Atty. Petchie Rose Espera notarized his affidavit.

"It (Guteza's affidavit) reveals how falsehoods were deliberately engineered to mislead official inquiries and poison public discourse," Ridon said.

"This was no clerical mistake—it was a premeditated attempt to derail a Senate inquiry. The DOJ must act decisively so that political forgery never again finds refuge in impunity," Ridon said.

Ridon also said that given that legislative inquiries depend on the authenticity of every document submitted, Guteza's action is not a mere manipulation and attack on individuals but on Congress itself.

"Our democracy cannot thrive on deceit. Those who forged, spread, or exploited false documents must be held fully accountable—before the law and before the people," Ridon added.

To recall, Guteza was introduced in the Senate blue ribbon committee hearing on September 25 by Senator Rodante Marcoleta, saying that the man reached out to him, through the help of former Anakalusagan party-list Representative Mike Defensor.

Defensor previously said that "surprise witness" Guteza is currently under the protection of the latter's fellow ex-Marines.

For its part, the DOJ said that the testimony of Guteza can still be used. 

“He’s also bound by the oath that he took when he was in the Senate and when he testified for the Senate Blue Ribbon Committee. If it can be used, yes, I still believe it is something that can be used, it can be useful,” said Prosecutor General Richard Anthony Fadullon in a press briefing. 

“I think the case that was filed before the RTC was for the benefit of the notary, just to prove that ‘I did not notarize that document’. But it does not say, ‘Just because I did not notarize it, it means that the things stated there are lies’.” — VDV, GMA Integrated News