Lawyer of 18 'ex-marines' wants Erwin Tulfo to inhibit as panel chair in Senate Blue Ribbon probe

The lawyer of 18 former aides of resigned lawmaker Zaldy Co said on Monday that Senator Erwin Tulfo should recuse himself as the chairman of the Gatchalian bloc’s Senate Blue Ribbon Committee investigation, citing their allegations of cash delivery against him.

“The basis for our request is for him to recuse himself, to inhibit, and let those who were not named in the affidavit to preside over the investigation,” lawyer Levito Baligod said in a briefing.

Baligod later said he did not ask Tulfo to recuse himself.

"Ang problema lang 'yung claiming to be the chair. Because sabi doon the chair of the committee, when concurred by at least one member, is enough to cite us in contempt," he said in an ambush interview.

During the hearing led by the Senator Alan Peter Cayetano-led bloc last week, one of the 18 individuals claimed he personally participated in two deliveries allegedly intended for Tulfo.

According to Bernard Gumban, the first delivery involved two suitcases, one small and one medium-sized, while the second involved six suitcases of varying sizes.

“Inaakusahan siya pero siya rin ang mag iimbestiga at eventually siya din ang mag dedesisyon. He is the accused, or the respondent, so to speak. But he is also the investigator and the judge rolled into one,” Baligod said.

(He is being accused, yet he is also the one who will investigate and eventually make the decision. He is the accused, or the respondent, so to speak. But he is also the investigator and the judge rolled into one.)

For his part, Tulfo denied the allegations, saying even his accuser was confused with the details of his claims.

Meanwhile, Baligod said it is “predictable” that Tulfo will proclaim all 18 individuals as liars and cite them in contempt.

“Sa tingin niyo ba sasabihin ni Mr. Erwin Tulfo that we are testifying truthfully? Sasabihin niya ‘yan, you are testifying falsely. And what is the consequence of that? Contempt,” he said.

(Do you think Mr. Erwin Tulfo would say that we are testifying truthfully? He would say that we are testifying falsely. And what is the consequence of that? Contempt.)

Once cited in contempt, Baligod said they may be arrested and brought to jail.

Baligod also appealed to senators, especially those mentioned by the 18 former aides, to observer statemanship and delikadeza.

“Delikadeza is addressed to the senses of the senators who were named in the affidavit of the 18 former soldiers. Hindi po pu-puwede sa isang demokrasya na kung sino pa ‘yung inaakusahan ay siya ‘yung mag iimbestiga at siya pa ‘yung mag dedesisyon,” he said.

(Delicadeza is addressed to the sense of propriety of the senators who were named in the affidavit of the 18 former soldiers. It is not acceptable in a democracy for the very people being accused to be the ones conducting the investigation and making the decision.)

Tulfo also questioned why Senators Loren Legarda and Mark Villar were not mentioned by the former aides even though they were previously identified in their affidavits.

When asked if the 18 individuals are recanting their allegations against the two senators, Baligod said two former aides later said they did not see any suitcase actually enter Legarda’s house.

“Pagbaba ng dalawang maleta ay binigay nila… and then maya-maya ay napansin namin lumabas na si boss Zaldy, sumakay na sa sasakyan, at umalis na kami. So maalala namin with due respect, pasensya na sabi, wala kaming nakitang maleta na nakapasok doon sa gate,” he said.

(After the two suitcases were unloaded, they handed them over… and then after a while, we noticed that Boss Zaldy came out, got into the vehicle, and we left. So, as far as we remember, with due respect and apologies, we did not see any suitcase being brought inside the gate.)

He said he then asked former congressman MIke Defensor if he had access to Legarda. He later gave the statement of the two former aides to Defensor.

“Sabi ko inaamin nila pagkakamali nila. Kung gusto ni Senator Loren na kasuhan ‘yung dalawa, binibigay ko ‘yung ebidensya,” Baligod said.

(I said they are admitting their mistake. If Senator Loren wants to file charges against them, I will give the evidence.)

The lawyer said there is no recantation regarding the allegation against Villar.

Meanwhile, he also claimed that National Bureau of Investigation Director Melvin Matibag should be held liable for relying on a “fake” affidavit. Baligod did not specify what document he was referring to. —RF, GMA News