Romualdez says flood control link destroyed by Guteza recantation, 25 other witnesses

Former speaker and Leyte Representative Martin Romualdez has called on the Office of the Ombudsman to dismiss the plunder, graft and other criminal complaints that it filed against him over his alleged links to the flood control mess, saying the basis of the allegations have been destroyed due to recantation of former Marine Orly Guteza.

Romualdez, in his supplemental counter-affidavit, was referring to the ex-bodyguard of former House appropriations panel chairman Zaldy Co who testified before the Senate Blue Ribbon Committee that he delivered cash of kickbacks in suitcases to the residences of Romualdez and Co.

Guteza has since recanted such allegations, saying he made such accusations out of fear. Aside from him, three other former accusers of Romualdez have recanted their allegations.

"Particularly as to Guteza, complainant [Ombudsman] SPI (Special Panel of Investigators) cannot rely upon his (Guteza's) former account insofar as it implicates me while disregarding his subsequent sworn repudiation of the very allegation for which he was invoked. Guteza was supposed to supply the factual bridge between the alleged accumulation of funds attributed to Zaldy Co and their supposed delivery to me," Romualdez said in supplemental counter affidavit filed Thursday, August 20.

"He (Guteza) now states, in substance, that this bridge was engineered and constructed for him--that the accusation was not drawn from his own personal knowledge, but was allegedly supplied, prepared, revised, and presented to him for adoption. The Honorable Office [of the Ombudsman] need not accept his present account by fiat; neither, however, can his earlier, already compromised version continue to support a reasonable certainty of conviction without confronting his categorical repudiation and the circumstances he now describes," Romualdez added.

Once that supposed delivery link is removed, Romualdez said the same fundamental evidentiary gaps that he identified in his earlier August 7 counter-affidavit stands.

"No contractor states that he paid me; no DPWH official states that I demanded or received a kickback; no identified project is traced to an unlawful payment to me; no financial record traces unlawful proceeds into my assets; and no competent witness establishes my knowing receipt of the alleged cash," Romualdez said.

Aside from Guteza, Romualdez also attached affidavits of 25 individuals who are former and incumbent employees of Co who have disputed the allegations that he has been a recipient of wads of cash in kickback money in suitcases.

At least three of the 25 also said in their affidavit that Atty. Levi Baligod, the counsel on record for the original 18 ex-bodyguards who are the accusers of Romualdez and Co, offered them money in exchange of joining group they dubbed as 18 Marines.

"For these reasons and in support of my counter-affidavit, I submit the instant supplemental counter-affidavit and the affidavits of denial and non-participation, and the Guteza Recantation Salaysay for the due consideration and appreciation of this Honorable Office," Romualdez added.

Ready to face accusations

Meanwhile, Romualdez's legal counsel said the former House Speaker is ready to face the accusations against him.

“Congressman Romualdez is performing his functions the representative of the First District of Leyte. He is busy attending to the needs of his constituents,” lawyer Ade Fajardo said in a Balitanghali interview.

Asked if Romualdez is in the Philippines, Fajardo said “yes.”

“Hindi naman siya umalis. (He never left the country.) He's here to face the accusations against him,” Fajardo said.

Likewise, Fajardo said they are prepared to answer the allegations of the 28 witnesses that the Ombudsman will field against Romualdez.

“We do not know these 28. This is a surprise but we will answer them as soon as we are aware of their accusations,” Fajardo said.

On the recantation of Guteza, Fajardo said: “The supposed missing link here is Guteza, e nag tumbling na at binawi na lahat ng sinabi niya sa Senado. So talagang wala na ebidensiya linking former Speaker Romualdez to the flood control scam."

(Guteza already flipped and took back all his allegations. Indeed, there is no evidence linking the former Speaker to the flood control scam.) — VDV/RSJ, GMA News