Ombudsman: Guteza’s affidavit has ‘no value’ unless he swears oath

Ombudsman Jesus Crispin Remulla said Friday that they will not be using the affidavit of “surprise witness” Orly Guteza unless he appears personally before the Office of the Ombudsman and takes an oath. 

In an interview with Senate reporters, Remulla said that the Office of the Ombudsman will look at other individuals aside from Guteza to gather evidence against Leyte Rep. and former Speaker Martin Romualdez, and resigned Ako Bicol Rep. Zaldy Co with regard to their alleged links to the flood control mess. 

“Hindi namin pwedeng gamitin ‘yun kung hindi niya (Guteza) haharapan at sasabihin na itong affidavit na ‘to, akin talaga ito, at ako mismo nag-prepare niyan, personal knowledge ko nangyari diyan, ganoon ‘yun eh,” Remulla said. 

(We can't use that if he doesn't face us and say that that affidavit is really his, that he prepared it himself, and that he has personal knowledge of what happened. That's how it should be.) 

“An authorized statement has no value unless humarap ‘yung tao para manumpa ulit… Sa initial affirmation it’s a sworn statement, pero para i-conduct namin sa PI (preliminary investigation) ‘yan at gamitin namin, kinakailangan manumpa rin siya sa harap namin,” he added. 

(An authorized statement has no value unless the person faces us to swear again... In the initial affirmation, it's a sworn statement, but in order for us to conduct a preliminary investigation and use his affidavit, he must also take an oath in front of us.) 

To recall, Guteza claimed that he personally delivered suitcases of money to the residences of Romualdez and Co. He was introduced in a flood control hearing on September 25 by Senator Rodante Marcoleta.

But Atty. Petchie Rose Espera, the lawyer whose notarial information appeared on the affidavit of Guteza denied that the signature attributed to her and that the document number, page number, and book number shown in the document do not exist in her notarial records.

Meanwhile, Romualdez and Co have denied allegations that they are linked to the flood control scandal.

Espera thus said Thursday the documents presented by Guteza before the Senate Blue Ribbon Committee have no legislative purpose and offer no value to the investigation on the anomalous flood control projects.

Senate President Pro Tempore Panfilo "Ping" Lacson, chairman of the committee, previously said the Manila Regional Trial Court (RTC) found that the signature on Guteza's affidavit was fake. 

ICI recommendation

Remulla also said that the Office of the Ombudsman will evaluate the recommendation of the Independent Commission for Infrastructure (ICI) and Department of Public Works and Highways (DPWH) to file plunder, graft, and bribery charges against Romualdez and Co. 

“We will have to evaluate it. We have to look at the contents of the recommendation and the attached documents so we will know how to act on the matter. Everything is evidence based. We cannot file cases without the evidence as part of our filing,” Remulla said. 

The Ombudsman said that he has yet to read the recommendation but assured that they will “follow the evidence.” 

“It can take from a few days to a few months, we don’t know. Depende ‘yan sa dami ng ebidensya na makukuha kaagad (it depends on how much evidence we will gather immediately),” he said. 

Remulla also said that his office will "definitely" review all the evidence against the two to possibly file strong cases against them.

“We don’t want to file weak cases. The cases have to be properly vetted and prepared,” he added. 

DPWH Secretary Vince Dizon said their recommendation covers around P100 billion worth of government contracts that construction firms Sunwest Corporation and Hi Tone Construction, both firms linked to Co, secured from 2016 to 2025.

Remulla was at the Senate on Friday as the proposed 2026 budget of the Office of the Ombudsman reached the session hall. —VAL, GMA Integrated News