Flood mess convictions seen in less than a year

MANILA, Philippines — Ombudsman Jesus Crispin Remulla believes that one year is more than enough to secure convictions in cases that will be filed in relation to anomalies in flood control projects.

If courts would allow continuous trial and will not agree to any delay, he said it is even possible to finish trial within a month.

“That won’t take a year if the court doesn’t allow dilatory tactics. Because dilatory tactics are always the problem. That’s what lawyers get paid for: how to delay the case. Then later, the case will go stale, and they’ll claim there was an inordinate delay,” Remulla said in English and Filipino over “Storycon” on One News on Wednesday.

Remulla said they are strengthening evidence gathering to ensure that solid cases are filed against those involved in the anomalies.

“We really have to raise the bar of evidence and really work better with the evidence that has to be laid out in court, so you can have a continuous trial and rest your case,” said Remulla.

“There are provisions of the law that allow it, there are Rules of Court that allow it. We have Supreme Court issuances that allow continuous trial, but the government hardly took that recourse because the evidence gathering was not very thorough at the time,” he added.

During a continuous trial, Remulla said the prosecution may be able to finish presenting evidence within five to seven court hearings.

“That will be finished in one month if the court will not allow any postponement… one month, that’s very hopeful, (maybe) a little more than that,” he added.

Remulla did not give a timetable as to when they will start filing cases.

But he said they have enough to charge the contractor couple Curlee and Sarah Discaya and resigned party-list congressman Zaldy Co.

“Malversation, so far. That’s why we have to strengthen it more,” he said, referring to the possible case against Co.

Depending on the evidence, Remulla said plunder charges may also be filed against those involved in the anomalies. But he said they are also looking at tax evasion and other charges.

“Whatever it takes, whatever legal provision is needed to convict people, we will do it,” he said.

Remulla: Discayas protecting Bong Go

Remulla said his office will definitely investigate the alleged links of spouses Discaya with Davao-based contractor CLTG Builders owned by the father of Sen. Bong Go.

In an interview with Bilyonaryo News Channel’s “On Point” on Wednesday night, Remulla said flood control cases can still be prosecuted at the Sandiganbayan even without the testimonies of the Discayas, who he said, appear to be protecting Go.

“I think they’ve been protecting Bong Go, the joint venture that they (Discaya spouses) have with the CLTG, with the family of Bong Go. He’s one of the many people that they’ve been protecting, to be blunt about it,” Remulla said.

Remulla recounted that the Discaya spouses appeared with prosecutors of the Department of Justice (DOJ) last week, wherein they were told that they may not be given blanket immunity for the cases to be filed soon at the Sandiganbayan in connection with the flood control anomalies.

“Blanket immunity is something that you do not want to give, especially if the people are not disclosing everything,” Remulla said.

“They (Discayas) were told that that they must not expect that they will be totally spared from being jailed because of the many cases that we are talking about here. They were told that they may not get the blanket immunity that they were seeking. And right there and then they stopped talking. This was relayed to me by our colleagues in the DOJ,” Remulla, the former justice secretary said.

Remulla, nonetheless, said his office can still file strong cases even without the testimonies of the Discayas.

Asked if the Office of the Ombudsman will investigate the supposed links of the Discayas with Go and the CLTG, Remulla said: “Of course. Prohibited interests, conflict of interests, those are special areas of concern that we [in the ombudsman] can look into in researching the culpabilities of people, so we can have restitution given to the country.”

Probe Discaya contracts during Duterte admin

The Department of Public Works and Highways (DPWH) will start working with the ombudsman to look into the contracts of the Discaya construction firms during the administration of former president Rodrigo Duterte, according to Public Works Secretary Vince Dizon.

“Well, you know, the President has repeatedly said, whoever it is, even if it is during the previous administration, he wanted no one spared,” Dizon said. “All should pay for their crime…

“In fact, Ombudsman Remulla and I have already discussed about this last night, and we are now working to look at the documents from the previous administration,” Dizon said.

“Anyway, that was the mandate given to us, from 2016 to 2025. that is also the mandate of the ICI (Independent Commission for Infrastructure). We will spare no one here,” he said.

“We are looking at connections between the Discayas and CLTG (Builders) Corporation. That was what we have talked about with Ombudsman last night,” Dizon said.

No position to demand witness protection

The Discayas are not in a position to make demands on their application for witness protection, Prosecutor General Richard Anthony Fadullon said yesterday, saying it will be the DOJ that will decide whether they are qualified.

“As far as the department is concerned, we have not received any indication that they will stop cooperating with us. Nonetheless, in my opinion, I don’t think they’re in a position to demand anything at this time,” Fadullon said.

“They are applying for supposedly witness protection coverage and we have our procedures to determine whether or not they will be qualified or not. It is not for anybody to dictate to us how we will go about the evaluation. It is not for anybody to impose any conditions,” he added.

Dismayed

House deputy minority leader and ML party-list Rep. Leila de Lima said yesterday that from the very start she is dismayed by the selective and limited testimonies of the Discaya couple about their knowledge on flood control anomalies.

“From the very start, I was dismayed with the Discayas. Their testimonies are selective and limited,” De Lima said. “They should stop their alibis that they are no longer cooperating because they are not considered as state witness.”

Corruption cases should not linger in court forever, Akbayan Party-list Rep. Chel Diokno said yesterday, as the public expects swift jail time for those responsible for the flood control mess.

The Constitution guarantees every Filipino the right to a “speedy, impartial and public” trial in criminal proceedings, but according to Diokno, that is not always the case.

“What’s happening in practice is that it’s hardly, if ever, followed,” Diokno told One News’ “Storycon” on Thursday.

“It’s already bad in ordinary cases and worse in corruption cases,” he said, adding, “Corruption cases should be litigated first.”

“This is unacceptable in a justice system that claims to render justice,” he said. “[The government] cannot allow these cases to take forever.” – w Rainier Allan Ronda, Jose Rodel Clapano, Daphne Galvez, Elizabeth Marcelo, EJ Macababbad