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Former DPWH Secretary Manuel Bonoan and ex-DPWH Undersecretary for Operations Roberto Bernardo. Jonathan Cellona, ABS-CBN News
MANILA — Senators raised concerns over the Department of Justice’s (DOJ) ongoing investigations into alleged corruption in flood control projects, particularly over the use of “state witness” status by individuals who should also face accountability.
“Maraming nagtatanong pa rito sa flood control, sa mga makakasuhan na mga contractors, congressmen, kasi po, pasensya na po marami rito ito yung mga nagsimula na modus eh,” Sen. JV Ejercito said during the DOJ budget hearing on Thursday.
“‘Yung mga most guilty, hindi dapat pwede silang maging (state witnesses),” he added.
Sen. Kiko Pangilinan also questioned the decision to discharge former Public Works Secretary Manuel Bonoan and Undersecretary Roberto Bernardo as state witnesses in the alleged corruption involving flood control projects.
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“I remember during the flood control hearings, si Usec Bernardo testified as to the amounts that were turned over to Secretary Bonoan… his statement unless rebutted is evidence then that’s about 15 billion (pesos), but he is now a state witness, both of them are state witnesses so how do reconcile that?” he said.
DOJ Prosecutor-General Richard Anthony Fadullon clarified that the decision to make Bonoan a state witness was not made by the department.
“Insofar as the admission or the declaration of Secretary Bonoan to be a state witness, the DOJ had nothing to do with that… he was among those who was charged,” he said.
“When the case was filed before the Office of the Ombudsman, which then in turn filed it with the Sandiganbayan, it was only then that it was decided that he would be utilized as a state witness,” Fadullon added.
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DOJ Secretary Fredderick Vida said the agreements with the current state witnesses were project-specific. This means that if they are later found liable in other flood control projects, their status as state witnesses would not automatically apply to those cases.
“Ang maganda po sa agreement namin sa current four state witnesses, it’s project-specific, so pag may nadiskubre pa po ang gobyerno o ang pamahalaan na sangkot pa siya sa ibangg projects, hindi yun kasama,” he said.
The DOJ assured lawmakers that individuals should meet certain qualifications to become state witnesses: the case must carry a grave penalty, the witness must be substantially relevant to the case, and the individual must not be the most guilty.
The department said its investigations into the flood control projects were ongoing and would not stop at the filing of cases.
“There are about 14 live cases which have been filed, referred to the Office of the Ombudsman at hinahawakan din po ng ating mga prosecutors sa DOJ,” Fadullon said.
“Hindi po nagtatapos doon sa mga naisampang kaso lang, patuloy po na nangangalap ng ebidensya din po ang National Bureau of Investigation para matingnan po yung liability and who else can be held accountable,” he added.