Brice Hernandez, Jaypee Mendoza ask DOJ to exclude testimonies in flood control

Former Department of Public Works and Highways Engineers Brice Hernandez and Jaypee Mendoza, who provided the government information on the “modus operandi” in flood control projects, are asking the Justice Department to exclude as evidence against them at least three of their statements including a “Whistleblower’s Report” implicating personalities in the anomaly. 

GMA Integrated News exclusively obtained copies of their counter-affidavits to the complaint of malversation, graft and direct bribery filed by the National Bureau of Investigation (NBI) where Hernandez claimed the said statements were used in their application to the Witness Protection Program (WPP) and should not have been used against them, saying it violated their right against self-incrimination. 

Both counter-affidavits were filed with the DOJ January 5 this year.

Both Hernandez and Mendoza are facing preliminary investigation into their alleged involvement in a suspected ghost flood control project in Pandi, Bulacan. 

They have also been arraigned earlier and are facing trial before the Sandiganbayan along with former senator Ramon Bong Revilla Jr. for another anomalous project in Bulacan. The two, along with Revilla and several others, are detained at the New Quezon City Jail. 

They applied but were not admitted as state witnesses. 

“Both documents contained material information which were crucial to the government's ongoing investigation into the involvement of several high-profile personalities in the flood control anomalies such as Senator Joel Villanueva, Senator Jinggoy Estrada, Congressman Zaldy Co, Undersecretary Roberto Bernardo, and several more. Of course, in relaying these crucial pieces of information, we also incriminated ourselves as regards our involvement in the matter,” Hernandez said.

He added that he was pressured to sign the affidavits without reviewing them. 

“I must clarity that I and m y counsel were not able to properly review it and confirm all the statements that were made. The Salaysay was given to me and my counsel around 10:00 p.m. when the interview ended. It must be emphasized that the interview began at 9:00 a.m. and I was exhausted from all the questions asked by the NBI. Since their office was already closing, the NBI simply told me that I must sign and place my fingerprint on the Salaysay without being able to read and review all the statements therein,” he said. 

Hernandez further claimed that he was “misled” by the NBI into signing after having been assured that his statements would be used against other public officials. 

“I only executed the Salaysay following the NBI’s representation that it will only be used for my testimony against other public officials and private individuals and in furtherance to my WPP application …Clearly, I was misled into giving the statements I made… ” he said. 

He said that it violates his right against self-incrimination and the Witness Protection Act. 

“All in all, without the Whistleblower’s Report, the Joint-Affidavit, and the Salaysay, the complaint (against him) would lose the factual basis and foundation for each and every crime charged against me. Indeed, it was the information contained in those sworn statements which complainants used to charge me for the crimes in connection with the Project,” he said. 

Mendoza added that the complaint was mostly based on their statements. 

 “I observed that the Letter-Complaint relied heavily on my statements and those of ADE Brice's and DE Alcantara's,” Mendoza said.

Hernandez further added that based on the law, the statements are deemed inadmissible as evidence. 

“…statements or affidavits submitted as part of one’s application into the Witness Protection Program as a State Witness may not be admitted as evidence, except for impeachment purposes,” he said. 

Hernandez’s camp confirmed it has filed the counter-affidavit but refused any additional comment. 

“As much as we want to comment on the statements of Mr. Hernandez, it would be unfair to the investigating body to do so considering the case is pending investigation,” it said. 

Acting Justice Secretary Fredderick Vida said Hernandez’s statements were useful to the government but added there are other witnesses. 

“I would say that certain statements led to those evidence, kasi pira-pirasong ebidensya (because those were piecemeal evidence). Definitely, may mga nakuha at napulot na particular statements na nagamit sa mga kasong nakasalang. Sa ngayon po, yung atin naman pong mga witnesses, patuloy silang nakikipag-cooperate sa amin,” he said. 

(Definitely, we have picked up particular statements which we used in the cases filed. For now, our witnesses are continuously cooperating with us.) — RSJ, GMA Integrated News