Hernandez, Mendoza not state witnesses? DOJ explains

The Department of Justice (DOJ) on Saturday said that former Bulacan 1st District assistant engineers Brice Hernandez and Jaypee Mendoza may still submit additional evidence to qualify as state witnesses.

At a news forum in Quezon City, DOJ spokesperson Polo Martinez explained that Hernandez and Mendoza did "not yet" qualify as state witnesses based on the evidence submitted in the malversation and graft charges in connection with the anomalous flood control project in their province.

However, he said the former Public Works assistant district engineers “may still submit [evidence]… and that applies to anyone who is an applicant [as state witness].”

“The purpose of this assessment is for the Department to be able to acquire evidence it needs for the successful prosecution of those liable,” the DOJ spokesperson said.

This came after the DOJ declared former Department of Public Works and Highways (DPWH) undersecretary Roberto Bernardo, ex-DPWH Bulacan District Engineer Henry Alcantara, Gerard Opulencia, and contractor Sally Santos as state witnesses in flood control mess earlier this week. 

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

As for Hernandez and Mendoza, Martinez said that the panel of the WPP evaluated that their testimony can not yet be used for now.

Nonetheless, the DOJ spokesperson said the Justice Department “welcomes any statement that would help it in its prosecution of the crimes.”

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

During the news forum, DOJ Prosecutor General Richard Fadullon said that some cases on the flood control mess will be out for resolution “next week,” particularly those involving SYMS Construction and Topnotch Catalyst Builders Inc. which were filed in early December last year.

“There are cases which have been submitted for approval already to the Ombudsman because these are for filing sa Sandiganbayan, and there are cases which would be out for resolution by early next week and then we have the BIR cases which are already ongoing preliminary investigation,” Fadullon said.

The prosecutor general also said that subpoenas are set to be issued next week against Senator Jinggoy Estrada and former senator Ramon "Bong" Revilla as they face separate plunder complaints in relation to the flood control corruption scandal. —VAL, GMA Integrated News