Discayas Will No Longer Cooperate In ICI Probe

With their hope of turning state witness in the flood control corruption scandal dashed, contractor couple Curlee and Sarah Discaya will no longer cooperate with the Independent Commission for Infrastructure (ICI).

“They invoked their right to self-incrimination and manifested that they will no longer cooperate with the investigation being conducted by the ICI,” executive director Brian Keith Hosaka said on Wednesday, Oct. 15.

Hosaka said the Discayas had initially agreed to cooperate with the ICI to obtain a “favorable recommendation from the commission as state witnesses.” The DOJ earlier classified the couple as “protected witnesses.”

The Discaya camp, however, had a change of heart in light of an interview given by ICI member Rogelio Singson with broadcaster Karen Davila, uploaded on Monday, Oct. 13, where she asked if the fact-finding body had considered endorsing certain personalities to be placed under the witness protection program.

“We have not even thought about it because personally, that’s a far shot,” Singson said in his first interview since his appointment to the three-member body on Sept. 13.

Davila mentioned the names of the Discayas, along with dismissed Department of Public Works and Highways engineers Henry Alcantara and Brice Hernandez, asking if they had any chance of becoming state witnesses. “Personally, no way,” the former public works chief said. “They are not the least guilty; they are principal players.”

“The public is already angry at them, then you’ll give them state protection to be able to get away from further cases and enjoy the benefits of their anomalous practices? Please don’t,” he added.

State witnesses must have personal knowledge of the crime but should not be the most guilty. Once qualified, they would be immune from criminal prosecution.

The Discayas are currently facing a P7.1-billion tax evasion case for failing to pay income, excise and documentary stamp taxes.

Curlee, currently in Senate custody after being cited for contempt last month, has filed a habeas corpus petition before the Pasay Regional Trial Court Branch 298 in a bid to secure his re-lease from detention.

The Discayas evaded the media during their third and possibly last ICI appearance on Wednesday, with reporters rushing across the commission’s office in Taguig to take photos of the controversial couple.

Former public works undersecretary Roberto Bernardo was supposed to appear on Wednesday, but he asked to be excused, saying he was down with flu. He is set to return next week.

Hosaka said the investigation will proceed despite the Discayas’ decision to cease cooperating with the ICI.

“We’re just continuing. Whatever they said and what other witnesses have already said will be sufficient for us to continue our investigation, build our cases and file the necessary recommendation at the ombudsman,” the ICI executive director said. “They were able to appear before the commission and that would stand.”

For assistant ombudsman Mico Clavano, the Discaya couple seemed to be “misguided” in their decision not to cooperate anymore with the ICI.

In a statement sent to reporters via Viber, Clavano said cooperating with the government is the “only option” left for the Discaya spouses. “It will serve the public’s interest as well,” he added.

At a Palace briefing, President Marcos expressed confidence he won’t be linked to the flood control scandal and that any allegations against him would be proven to be politically motivated aimed at unseating him.

“Well, I am confident because I know what we did or did not do,” the President said when asked about claims that investigations would eventually lead to his doorstep.

Marcos stressed the ongoing probe by the ICI will spare no one.

“So, but if – we investigate – we investigate everybody. We’ll follow the evidence. And wherever that leads is not something that we try to direct or influence,” he said.

More ILBOs

The Department of Justice, meanwhile, has approved a request from the ICI to place 16 more individuals linked to the flood control mess under an immigration lookout bulletin order (ILBO).

The order tasks the Bureau of Immigration (BI) to closely monitor the travel movements of the subject individuals. However, this does not prevent them from leaving the country as only hold departure orders issued by a court can do so.

Placed under ILBO are former Caloocan Rep. Mitch Cajayon-Uy and businessman Arturo Atayde, the father of Quezon City Rep. Arjo Atayde.

Also placed under ILBO are Alvin Tan, Bong Marasigan, Elmer de Leon, Ed Fuentebella, Johnny Santos, John Mary Vianney Parago, Alvin Mariano, Ryan Uy, Darryl Recio, Nestor Venturina and Benjie Tocol.

Engineers Aristotle Ramos, Michael Rosaria and Angelita Garucha are also included in the new ILBO list.

Three names previously part of the ICI’s first ILBO request – Romeo Magalong Jr., Ramon Devanadera and Johnny Protesta Jr. – were erroneously included in the announcement on Wednesday.

Those placed under ILBO “definitely might have information with regard to the ongoing investigation being conducted by the ICI,” Hosaka said.

An earlier ILBO covered 33 people, including former top congressional leaders Rep. Martin Romualdez and Sen. Francis Escudero.

Immigration spokesperson Dana Sandoval said that aside from former congressman Zaldy Co, another person under ILBO managed to sneak out of the country. She declined to name the person.

“We are monitoring his return,” she said. – With Daphne Galvez, Elizabeth Marcelo, Helen Flores, Evelyn Macairan