Sandiganbayan allows Alcantara's testimony in flood control malversation case

The Sandiganbayan has allowed the testimony of state witness former Department of Public Works and Highways District Engineer Henry Alcantara in the government’s malversation case vs. ex-Ako Bicol party-list Representative Zaldy Co and 15 others involving an alleged P289-million flood control project in Naujan, Oriental Mindoro. 

The anti-graft court made the decision despite the objection of the defense counsels of the nine former DPWH Region 4B officials who are accused in the malversation case. They said Alcantara’s testimony is irrelevant and immaterial because the former DPWH engineer was not involved in the Oriental Mindoro flood control project.

“While his (Alcantara) testimony may appear irrelevant in certain aspects, we have to the take the totality of the intended testimony of the person,” Sandiganbayan Associate Justice Kevin Vivero said.

“It is very clear that it will touch upon the supposed beneficial ownership of accused Zaldy Co [of Sunwest Inc.] that shows the relevance of this witness,” Vivero added.

Co is one of the founders of Sunwest Inc., the contractor of the P289 million flood control project in Oriental Mindoro which is the subject of the malversation case. 

Alcantara’s judicial affidavit was adopted as his direct testimony.

Ahead of the court’s ruling allowing Alcantara’s testimony, Assistant Special Prosecutor II Cyrille Merioles argued that Alcantara’s testimony is material to the case since it will prove that Co remained a contractor and beneficial owner of Sunwest Inc. even if Co had already divested from the said construction firm on paper.

Likewise, Merioles told the anti-graft court that Alcantara’s testimony states that the accused Co is soliciting government projects, including flood control projects, as a contractor in a meeting with Alcantara.

“Your honors, the testimony [of Alcantara] is being offered because the witness knows accused Co, and because he had dealings with him regarding the flood control projects in Bulacan. The witness [also] personally met Co at [Bonifacio] High Street,” Merioles told the anti-graft court.

“And during a meeting at High Street, accused Co expressed his interest to participate as a contractor of flood control projects in Bulacan First District Engineering Office," Merioles added.

None of the defense counsels of the accused in the case present conducted a cross examination on Alcantara. 

Alcantara is one of the four state witnesses in the flood control cases, alongside former Department of Public Works and Highways (DPWH) Undersecretary Roberto Bernardo. 

Bernardo earlier testified before the Sandiganbayan Sixth Division that Co, one of the accused in the malversation case, gave him a balato or share of P100 million through Alcantara.

Bernardo also told the anti-graft court that Co gave him “balato” because he was the one who assured Co that Alcanatara is someone who is dependable. 

The next witness for the prosecution will be a representative from the Anti-Money Laundering Council (AMLC).

 The next hearing has been set on April 7. — RSJ, GMA Integrated News