Sotto refuses to sign Marcoleta's request to make Discayas state witnesses amid 'tell-half,' 'edited' statements
Senate President Tito Sotto on Wednesday, Sept. 10, said he didn't sign the request of Sen. Rodante Marcoleta to turn top government contractors Sarah and Curlee Discaya into state witnesses of the flood control mess.
Marcoleta, then-chairman of the Senate Blue Ribbon Committee, wrote a letter to Department of Justice Sec. Boying Remulla dated Sept. 8, saying the Discayas had “testified extensively and will continue to testify on more relevant information."
“Considering the necessity of the Spouses Discaya’s testimony and the reported threats to their and their family’s safety and security, the Committee respectfully requests that the Spouses Discaya be granted protection as a witness in legislative investigation, in full compliance with the requisites under the law,” his letter read.
Sotto, in an ambush interview with reporters, explained that the letter was forwarded to Sen. Ping Lacson, who replaced Marcoleta as Senate Blue Ribbon committee chairman.
"Pag-uusapan muna namin," he said. "We'll probably assess muna the composition."
In any case, Sotto noted that he read the letter and questioned whether the Discayas confessed everything.
"As I read it, sabi ko nga, kumpleto na ba? 'Yun bang tell-all na 'yun, maging state witness nila o tell-half?" he said.
In a separate statement, Sotto said the Discayas cannot get protection as state witnesses if they misused public funds.
"Hindi naman puwedeng makakuha sila ng proteksyon ng gobyerno pero ang dami nilang nakuhang pera ng bayan. Unfair sa mga kababayan natin 'yon," he said.
"Ang kailangan para maging state witness ka, ibalik mo ang ninakaw mo, magsabi ka ng totoo. Iba ang sinabi sa Senado, iba ang sinabi sa House. Sabi nga ni Mayor Vico Sotto, sinungaling sila. Hindi gano'n kadali ang hiling nila," he added.
In a phone patch interview with One PH's Sa Totoo Lang, Sotto added that aside from returning any ill-gotten wealth, the Discayas' testimony must be complete.
"'Yung mga congressman, binanggit niya (Curlee), kung sino-sino. Tapos 'yung mga kasosyo niya at saka 'yung ibang mga politiko na kakilala niya or may report na kasama nila, hindi niya binanggit," he said.
The Senate President also noted that it's not that easy to approve the request to become a state witness.
"Ba't naman ako papayag agad na state witness sila, di ba?" he said. "Ba't ko naman pipirmahan 'yung irerekomenda kong maging state witness? Explika nila sa akin."
Sotto also referred to Republic Act No. 6981, or the "Witness Protection, Security and Benefit Act," and the Revised Rules of Criminal Procedure, which state the conditions of becoming state witnesses, particularly the condition about the applicant not appearing to be the most guilty of the crime.
"Hindi pwede 'yung [most] guilty... 'Yan ang patakaran," Sotto said.
Rule 119 Section 18 of the Revised Rules of Criminal Procedure states that if two or more persons are jointly charged with the commission of any offense, the court may direct one or more of them to serve as witnesses under the following conditions:
- There is absolute necessity for the testimony of the accused whose discharge is requested
- There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused
- The testimony of said accused can be substantially corroborated in its material points
- Said accused does not appear to be the most guilty
- Said accused has not at any time been convicted of any offense involving moral turpitude
Aside from these five conditions, RA 6981's Section 10 also requires that the offense for which a would-be state witness's testimony will be used is a grave felony, as defined under the Revised Penal Code or its equivalent under special laws.
Sotto said he suspects that the Discayas' sworn statement during the Senate hearing on Sept. 8 was "edited."
"We have to verify the statement. 'Di pwedeng kung ano sinabi nila, tanggapin na natin," he said.
Sotto also acknowledged perceptions that the Discayas withheld information covering certain years.
"Nagsimula raw sila sa public works sa ganyang transaksiyon sa gobyerno noong 2016. Noong tinatanong ko, panahon ng Duterte... pinigil na nga ako ng chairman (Marcoleta)," he said. "Pero pagdating sa House, ang ipinagyayabang nila, panahon ni Gloria Macapagal, kaya marami raw silang ipon, marami raw silang pera. Tapos Noynoy Aquino, kay President Marcos."
"Nasaan 'yung kay Duterte? Nasaan 'yung panahon ni Duterte? Bakit hindi niya binabanggit," Sotto said of Curlee. "Hindi ba edited 'yon?"
The Discayas have been accused of corruption, especially after they flexed their dozens of luxury cars and other assets in interviews with Korina Sanchez and Julius Babao.
The Discayas' "inspiring" rags-to-riches story opened a can of worms that led to public outrage, flood control projects being the talk of the town, a Bureau of Customs chase, revocation of the Discaya companies' licenses, and congressional hearings.
But in the Senate hearing, they claim to be just victims of a broken system, saying DPWH officials and congressmen made them participate in anomalous bidding with kickbacks ranging from 10% to 25%. Otherwise, they'd supposedly face termination of contracts, right-of-way problems, and removal from the government's contractors list.
Curlee name-dropped the officials, who promptly denied his claims. There were even some who said they'd file libel and perjury cases against the couple.
Amid their bombshell, the Discayas told senators they're willing to become state witnesses, promising to tell more about the alleged corruption involving the DPWH and Congress.
