Curlee Discaya, 2 Others Cited In Contempt At Senate Flood Probe

The Senate Blue Ribbon committee cited in contempt on Thursday, Sept. 18, contractor Pacifico “Curlee” Discaya II, dismissed Department of Public Works and Highways-Bulacan first district engineer Henry Alcantara and DPWH assistant district engineer Jaypee Mendoza for allegedly lying when confronted about their role in ghost or substandard flood control projects.

Senate President Pro Tempore Panfilo Lacson led the fourth Senate flood control corruption investigation – his first as new Blue Ribbon chairman – wherein senators took issue with Discaya’s invocation of his right against self-incrimination and Alcantara’s blanket denials.

Discaya was also cited in contempt after claiming his wife, Sarah, had asked to be excused from the hearing due to her medical conditions such as diabetes and hypertension.

But in her letter to the committee which Lacson read out, Sarah said she would not be able to attend because “regrettably, I have an important meeting with my employees on the day of the hearing to explain the problem that the company is facing now and the effects this has on them” and that she could “no longer cancel the meeting set.”

“As such, I am sincerely sorry that I will be unable to attend the Committee hearing. I fully understand the importance of the Committee’s work and the seriousness of the matter at hand. I hope that my absence shall in no way be construed as a reflection of my respect (sic) for the Committee and its mission,” the letter read.

Sen. Erwin Tulfo slammed Curlee for lying before the committee about his wife’s reason for not attending the hearing.

“You said there is a medical condition. If there is a medical condition, give us a medical certificate. You said your wife said it, have you not discussed it?” Tulfo said. “You and your wife should have talked it over. What excuse will we say, sweetheart or darling?’ You lied. How can we believe you?” he added in Filipino.

Sarah, meanwhile, was given a show cause order to explain why she should not be cited in contempt.

Sen. Rodante Marcoleta said that he was able to talk with Justice Secretary Jesus Crispin Remulla about his request for the Discaya couple to be put under witness protection.

Remulla – who previously refuted Marcoleta’s claim that he had agreed to the idea – has agreed to invite the couple for their sworn statement to be validated, according to Marcoleta.

Alcantara was cited in contempt after he denied knowing about the ghost projects.

Mendoza was cited later in the hearing for denying knowledge about the “ghost” projects.

Curlee, Alcantara and Mendoza would be held under Senate detention over the weekend because of the contempt citation. They would join Brice Hernandez, who was the first among the DPWH engineers to be cited in contempt during the previous Senate hearing.

Hernandez was summoned by the Independent Commission for Infrastructure to testify about what he knows about the corruption modus in flood control, according to

Immunity

Both Hernandez and Mendoza have asked for legislative immunity during the Senate Blue Ribbon investigation on the flood control mess.

As explained by Lacson, a legislative immunity would allow witnesses to be spared from prosecution using their testimonies before legislative inquiries. But this does not spare them from the charge of perjury if they lie before the Senate probe.

Lacson called out Hernandez for being an “incredible witness at times” and for having a “selective memory” in saying what he knows only when it is “convenient” to him.

“I’m warning you again. We can have you detained here until you face a case before the Sandiganbayan and order your arrest. There is such a thing as redemption. So you better reflect on this. That’s my advice,” Lacson said.

Hernandez said he has “nothing to lose” any more and that he is willing to return his illegal proceeds, saying these are money he did not work for.

“We have nothing to lose. We don’t know why boss (Alcantara has) not confessed yet. We have been fouled out already,” Hernandez said.

“I am willing to return it (they money). I have not earned it.”

Hernandez also explained the photos of stashes of cash he presented at the House, saying these are their shares in kickbacks from a contractor project and that the person seen in the photo is his superior Alcantara himself.

Hernandez said he could not yet implicate more lawmakers in the flood control kickback scheme. But during the hearing, he named a former representative “Mitz Cajayon” as another scam beneficiary.

Alcantara denied knowing about the corruption, as he pointed instead at Hernandez as the mastermind, not him.

Witness protection

Meanwhile, a distraught Sally Santos of SYMS Construction Trading looked close to fainting when she asked senators to give her “protection” amid threats to her life since she admitted to the kickback scheme among contractors and lawmakers.

Santos, who also admitted to the license for rent scheme among contractors, said she has seen vehicles circling her house and suspected that the threats are coming from the dismissed district engineers.

She suspected sacked DPWH Bulacan assistant district engineers, who denied threatening Santos.

“Can I please ask for protection before I tell all? I am scared,” a shaken Santos said, who appeared short of breath and kept squinting out of panic.

Lacson granted Santos’ request that she be given “physical protection” by the Senate.

Later, Sen. JV Ejercito asked the committee if it could recommend to the Department of Justice to consider Santos as a state witness, which the panel approved.

During the hearing, Santos admitted to delivering millions in kickbacks to Hernandez, who in turn alleged that he was ordered by his superior Alcantara to follow up on the money from Santos.

Santos claimed she was just “forced” to use the licenses of contractors Wawao Builders and Darcy and Anna Builders and Trading, and that she did not know the projects implemented by DPWH Bulacan first district turned out to be ghost projects.

After the hearing, Santos was taken to the Senate clinic after falling ill. She was seen holding the back of her neck.

17 DPWH execs suspended

In another development, the ombudsman has ordered the suspension of 17 officials of the DPWH-Bulacan 1st District Engineering Office.

DPWH Secretary Vince Dizon said said he had accepted the courtesy resignation of former undersecretary Maria Catalina Cabral to make way for an incoming appointee he had recommended for the position. – With Rainier Allan Ronda, Elizabeth Marcelo