Discaya ends cooperation with ICI over member's personal remarks

MANILA, Philippines — Sarah and Curlee Discaya will no longer cooperate with the investigation of the Independent Commission for Infrastructure (ICI) after personal and unofficial remarks by one of the body's members led the contractor couple to doubt their possibility of becoming state witnesses.  

ICI Executive Director Brian Keith Hosaka told reporters on Wednesday, October 15, that the Discayas invoked their right to self-incrimination during the commission's closed-door hearing earlier.

This, Hosaka said, was upon the advice of their lawyer.

"The spouses Discaya appeared before the commission, and, upon the advice of their counsel, they invoked their right to self-incrimination and manifested they will no longer cooperate with the ICI," the ICI executive director said.

The Discayas had supposedly believed their cooperation would lead to a favorable recommendation from the commission for them to be turned into state witnesses. 

Hosaka said the Discayas referred to an interview by journalist Karen Davila with ICI member and former Public Works Secretary Babes Singson, where Singson was asked about the possibility of the commission recommending witnesses for immunity.

It was Singson's personal opinion that there are currently "no witness or person who may be recommended by the commission as state witness," Hosaka said.

"I saw the interview and he qualified that as his own and not (by the ICI)," Singson said. 

However, the Discayas saw this and "because of that, they are saying they will no longer appear before the commission," the ICI executive director said. 

The Discayas are currently classified as "protected witnesses" by the Department of Justice in the ongoing government probe into anomalous infrastructure projects. 

This status provides them with government security and protection under the Witness Protection Program, but it does not automatically grant them the full immunity of a state witness. 

Then-Justice Secretary Jesus Crispin Remulla earlier said that prospective witnesses must first return ill-gotten wealth or assets before they can be tagged as state witnesses — a process known as restitution. 

Remulla also previously explained that granting anyone full state witness status would free them from criminal liability, which means the government must be "very careful" in deciding to do so.