A contractor and three former officials of the Department of Public Works and Highways (DPWH) have been admitted as state witnesses in connection with alleged anomalies in flood control projects, the Department of Justice (DOJ) said Thursday.
Former DPWH officials Roberto Bernardo, Henry Alcantara, and Gerard Opulencia, along with contractor Sally Santos, are now under the Witness Protection Program (WPP), according to Prosecutor General Richard Anthony Fadullon.
DOJ Secretary Fredderick Vida said the four state witnesses would be discharged from criminal liability in the specific cases they are assisting the government with.
“Isa po sa karapatan ng mga state witness na ina-admit sa programa is to be discharged from criminal liability doon sa partikular na kaso na tinutulungan namin, tinutulungan nila kami,” Vida said.
Fadullon, however, said former DPWH engineers Brice Hernandez and Jaypee Mendoza, who also applied for inclusion in the WPP, did not qualify as state witnesses.
He explained that there was no sufficient basis at this time to discharge them from criminal liability, although they may still be considered in the future should they present relevant evidence.
The DOJ also disclosed that a total of ₱316,381,500 has so far been returned by the four state witnesses, who are expected to restitute a combined amount of ₱1.5 billion. The amounts already returned include ₱181 million from Alcantara, ₱80 million from Opulencia, ₱20 million from Santos, and ₱35 million from Bernardo.
Bernardo was the latest to return government funds, turning over ₱35 million to the National Treasury. DOJ Undersecretary Nicolas Felix Ty said the amount was returned in the form of a manager’s check, sourced from the sale of Bernardo’s property. Ty added that Bernardo is expected to return a total of ₱1 billion.
Meanwhile, Vida said he has been in contact with the lawyer of former DPWH Secretary Manuel Bonoan, who traveled to the United States last year for his wife’s medical operation.
According to Vida, Bonoan’s lawyer informed him that the former secretary would no longer be able to return to the Philippines as previously promised. Vida said he has required Bonoan’s counsel to provide details on Bonoan’s whereabouts and his intended date of return.
In a separate press conference, Ombudsman Boying Remulla said the DOJ’s decision to admit the four individuals as state witnesses was appropriate.
"Tama yan, inabot ko po 'yan e, I was there except for Opulencia, hindi ako nakapag-interfere. Yung kay Sally Santos at yung kay Henry Alcantara, kasama ako sa mga gumawa ng desisyon niyan," said Remulla, a former secretary of the department.
