DOJ says Brice Hernandez, Jaypee Mendoza didn't qualify as state witnesses

Former Bulacan 1st District Assistant Engineers Brice Hernandez and Jaypee Mendoza do not qualify as state witnesses, according to the Department of Justice (DOJ).

According to Chino Gaston's report on "24 Oras," Prosecutor-General Richard Anthony Fadullon said the two assistant district engineers didn't qualify as state witnesses based on the evidence submitted in the malversation and graft charges in connection with the anomalous flood control project in the province.

“Hindi namin pwedeng banggitin kasi kung ano yung naging resulta ng evaluation or the process of evaluating [kagaya ng] alin yung mahalaga, alin yung hindi mahalaga, pero suffice to say na sa ngayon, wala kaming nakikita ang pangailangan para sila i-discharge namin, at least patungkol dito sa mga kaso na kung saan sila ay parang lumalapit para matanggap bilang mga testigo ng Estado,” he said.

(We cannot discuss what the evaluation results or the process of evaluation were, what was important and what wasn’t, but suffice to say that right now, we don’t see any need to discharge them, at least in the cases that they are seeking to be named as state witnesses for.)

He also added that Hernandez’s earlier action of surrendering his vehicles and dropping names after the flood control scandal was not enough to be considered as a state witness.

“Yung pagbabalik [ng mga kotse] ay hindi po yan kondisyon or hindi yan magiging basehan para sa pagtanggap sa isang aplikante sa witness protection program… Maaring ito sa isa sa mga kasunduan o bahagi ng kasunduan kung sakasakaling siya ay matanggap,” Fadullon said.

(The return [of vehicles] is not a condition or will not be used as a basis to be accepted as an applicant for the witness protection program… This can be part of an agreement or part of a deal in case he was accepted.)

The department had earlier named contractor Sally Santos as a state witness with former Department of Public Works and Highways (DPWH) Undersecretary Roberto Bernardo, former Bulacan 1st District Engineer Henry Alcantara, and former DPWH NCR Regional Director Gerard Opulencia with regard to ghost flood control projects in Pandi, Bulacan.

According to Rule 119 of the Rules of Court, state witnesses must qualify under the following:

• There is absolute necessity for the testimony of the accused whose discharge is requested
• There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
• The testimony of said accused can be substantially corroborated in its material points;
• Said accused does not appear to be the most guilty; and
• Said accused has not at any time been convicted of any offense involving moral turpitude

DOJ said they are still unable to determine whether they would need additional state witnesses other than the current four.

“Sa ghost project, bayad yung contractor. Pag tinignan yung project, wala yung project. So saan mo pa kakailanganin yung state witness? So kakasuhan mo na sila,” said DOJ Acting Secretary Fredderick Vida.

(In ghost projects, contractors are paid. If you look at the project, it’s not there. So, where exactly would you need the state witness? So you’ll file a case against them.)

“Hindi na natin pinofocus lang ngayon ang atensyon sa Bulacan 1st District. Ito pinatitingnan na rin natin yung ibang mga proyekto sa ibang mga rehiyon at ito ngayon ang kinakalap na ebidensya ng ating National Bureau of Investigation. Depende po sa mga kasong isasampa nila at depende po sa mga personalidad na lalabas doon sa kanilang imbestigasyon, doon po natin titingnan kung mayroon pa pong mga tao na maari nating gamitin bilang testigo para sa Estado,” added Fadullon.

(We will no longer focus our attention on Bulacan's 1st District. We will also now look into other projects in other regions and we will now seek evidence with the National Bureau of Investigation. It will depend on the case they will be filing and depends on the personalities that will come out from their investigations, then that is when we will consider if there are more people that we may be able to utilize as state witnesses.)

GMA Integrated News has reached out to the camp of Hernandez and Mendoza for comment. –Jiselle Anne C. Casucian/NB, GMA Integrated News