Ex-DPWH execs Bernardo, Alcantara named state witnesses – DOJ

Former Department of Public Works and Highways (DPWH) undersecretary Roberto Bernardo and ex-DPWH Bulacan District Engineer Henry Alcantara are now state witnesses in the government’s investigation of the flood control controversy, the Department of Justice (DOJ) said on Thursday.

Justice Acting Secretary Fredderick Vida confirmed that four people were admitted into their Witness Protection Program (WPP) in relation to the alleged anomalous flood management projects.

Other state witnesses are DPWH Engr. Gerard Opulencia and contractor Sally Santos, the owner and manager of SYMS Construction Trading.

“Isa sa karapatan ng mga state witnesses na ina-admit sa programa is to be discharged from criminal liability,” Vida told reporters in a press briefing.

(One of the rights of the state witnesses is their discharge from criminal liability.)

“Dun ‘yun sa particular na kaso na tinutulungan nila kami, sa mga kaso na sila ay nagbigay ng ebidensya na magagamit ng estado, dun sila dropped. Pero kung halimbawa merong kang isa pang kaso na ibang usapin,” he said.

(This applies to cases where they help us but in other cases, that is another discussion.) 

Under the Rules of Criminal Procedure, the court may direct one or more of the accused in a case to be discharged with their consent upon the motion of the prosecution, so they may be witnesses for the state.

The prosecution must present evidence and the sworn statement of each proposed state witness in support of the discharge.

Previously, Alcantara and Bernardo were previously considered “protected witnesses” and were under “provisional acceptance” to the WPP.

Also included in the provisional acceptance were DPWH engineers Brice Hernandez, and Jaypee Mendoza, but the DOJ said it currently “sees no need” to admit them to the program.

“Base sa pagsusuri sa isinumiteng sbidensya hindi sila magku-qualify as state witnesses to be discharged under the WPP,” said Prosecutor General Richard Anthony Fadullon in the same press briefing.

(Based on our evaluation on the submitted pieces of evidence, they don’t qualify as state witnesses to be discharged under the WPP.)

“Hindi namin pwede banggitin kung ano ang naging resulta ng evaluation... But suffice to say, sa ngayon, wala kaming nakikitang pangangailangan para sila ay i-discharge patungkol sa kaso kung saan sila ay lumalapit para matanggap na testigo ng estado,” he added.

(We cannot provide information on the results of the evaluation but suffice to say, we don’t see any need to discharge them on the cases they were applying as state witnesses.)

The four state witnesses returned more than P316 million nation’s coffers as part of the restitution. In total, the DOJ is expecting to receive P1.5 billion from them.

Bernardo to return P1 billion

Meanwhile, Fadullon said Bernardo already returned an initial P35 million to the government on January 13 for his restitution.

This is part of the P1 billion he is set to return under the memorandum of agreement (MOA) with the DOJ.

“It is in form of a manager’s check and it is partial. Ang pinanggalingan nito ay pagbenta ng isang ari-arian nya at downpayment pa lang ito. Kung makuha nya ang balanse ay ibibigay nya sa DOJ,” said DOJ Undersecretary Nicholas Felix Ty.

(It is in form of a manager’s check and it is partial. This came from the downpayment of a property he sold. After receiving the balance, he will give it to the DOJ too.)

“Ang timeline para sa ari-arian is by the end of January,” Ty added.

(The timeline for that is by the end of January.)

In a Senate Blue Ribbon Committee hearing in November last year, Benardo implicated more individuals, including ex-DPWH Secretary Manuel Bonoan, as among those who allegedly received kickbacks in infrastructure projects.

Bernardo admitted to facilitating alleged kickbacks for Senators Jinggoy Estrada and Mark Villar, Education Secretary Sonny Angara, former senator Grace Poe, former Caloocan City 2nd District Rep. Mitch Cajayon-Uy, San Jose del Monte City Mayor Rida Robes, and former DPWH Undersecretary Maria Catalina Cabral.

He alleged that these officials received kickbacks ranging from 15% to 25% of the projects.

Those implicated by Bernardo in the alleged kickback scheme have since denied the allegations against them. — JMA, GMA Integrated News