Discaya couple loses witness status after cooperation refusal in flood control probe

Due to the alleged multi-billion peso flood control anomalies, Pacifico “Curlee” and Cezarah “Sarah” Discaya were to be declared as hostile witnesses, facing the full weight of the law.

According to Assistant Ombudsman Mico Clavano, the couple’s refusal to cooperate with the authority slipped them of any chance to become state witnesses.

“There’s absolutely no chance that they can even become state witnesses anymore, because of their statement that they are uncooperative, then they are deemed to be hostile witnesses,” Clavano said in a press briefing, October 27.

He added that the Discaya couple will be charged as respondents in cases they were part of, such as malversation of public funds, falsification of public documents, and all other crimes they were involved in.

The couple will now stand accused in the same cases they helped uncover by exposing irregularities within the Department of Public Works and Highways (DPWH).

By withdrawing from testifying before the Independent Commission for Infrastructure (ICI), Discayas invoked their right against self-incrimination and formally stopped cooperating.

“Upon the advice of their counsel, they invoked their right against self-incrimination and manifested that they will no longer cooperate with the investigation,” said ICI Executive Director Brian Keith Hosaka.

The Witness Protection privilege will now be revoked as per Clavano.

“Yes, definitely [they will lose it]. The protection given to them was a prelude to being a state witness. But we think there’s absolutely no chance right now if they remain hostile to us,” he stated.

The extensive participation in questionable DPWH projects was one reason they no longer qualify for state witness status, cited by the Ombudsman.

“We know that they joined over 4,000 bids around the country. In whatever scheme or scam that we saw within the DPWH, they were part of it,” Clavano emphasized.

The government to pursue criminal charges against the couple was now planned.

“If they want to be uncooperative, then the government has no choice but to run after them with every ounce of effort that we can muster,” Clavano warned.

He stressed that the wheels of justice will turn on the Discayas if they refuse to cooperate.

“Let’s see if they would still insist on not cooperating once they are jailed,” Clavano stated.