(UPDATE) THE Independent Commission for Infrastructure (ICI) said Thursday it is determined to recover assets from those involved in anomalous flood control projects, even as it has gathered enough evidence to file cases against contractor couple Cezarah Rowena “Sarah” and Pacifico “Curlee” Discaya.
In a meeting with various government agencies at the ICI headquarters on Thursday, ICI Chairman Andres Reyes Jr. said funds “that should have been utilized to better the lives of Filipinos were instead used by corrupt individuals to buy exotic cars, enjoy luxury vacations and gamble in casinos.” “All those persons responsible for this may be prosecuted and jailed. But to completely heal our nation, justice is not enough. We need restitution,” he said.
Reyes, a former Supreme Court justice, said the law defined restitution as “the act of making good or giving equivalent for any loss, damage or injury and indemnification.” “We, the different agencies of the government, are all here today to band together and pool our resources to go after and recover the assets of these criminals. That is our goal,” Reyes said.
“These assets were purchased using public funds. They belong to the Filipino people — money that could have been spent on building schools, hospitals and road projects was instead burned wantonly on useless luxuries and vices,” he added.
Reyes issued this statement as the ICI’s special adviser Rodolfo Azurin Jr. said they have gathered enough evidence to file charges against contractor couple Sarah and Curlee Discaya over anomalous flood control projects.
Azurin said the commission’s investigation would proceed despite the couple’s earlier declaration that they would no longer cooperate with the independent panel.
“The ICI has enough evidence to support the filing of cases against the Discayas,” Azurin said, noting that the probe has uncovered extensive irregularities in projects linked to the couple.
Azurin revealed that the Discayas were involved in about 1,000 contracts with the Department of Public Works and Highways, which could translate into as many criminal cases once the investigation is completed.
He added that the commission might also recommend to the Department of Justice the removal of the Discayas from the Witness Protection Program, citing their refusal to continue cooperating with the government’s investigation.
The couple, who had initially agreed to testify before the ICI, are facing allegations of massive corruption and bid manipulation in multibillion-peso flood control and infrastructure projects.
“They invoked their right against self-incrimination and manifested that they will no longer cooperate with the investigation being conducted by the ICI,” the commission’s executive director, Brian Keith Hosaka, said on Wednesday.
Hosaka said the investigation would proceed despite the Discayas’ decision to cease cooperating with the commission.
“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,” he said.
‘Restitution of stolen assets’
Those who joined the ICI asset recovery meeting were Public Works Secretary Vince Dizon, Customs Commissioner Ariel Nepomuceno and representatives from the Justice Department, Anti-Money Laundering Council, Bureau of Internal Revenue, Land Transportation Office, National Bureau of Investigation, Presidential Commission on Good Government and Civil Aviation Authority of the Philippines.
Reyes said the meeting aimed to advance a critical and vital part of the mandate of the ICI, which was “to hear, investigate, receive, gather and evaluate evidence, intelligence reports and information against all government officials and employees, and any other individual involved in anomalies, irregularities and misuse of funds in the planning, financing and implementation of government flood control and other infrastructure projects nationwide.” The representatives of the government agencies assured the ICI that they would cooperate and use their expertise in retrieving the money of the Filipino people from being allegedly corrupted through infrastructure project anomalies.
Hosaka said there would be follow-up coordination meetings with the participating agencies next week to finalize the operational framework, timeline for the recovery campaign and possibly the rough estimate of how much they will be trying to recover.
Discaya petition denied
Also on Thursday, a Pasay City court denied for lack of merit the writ of habeas corpus petition filed by Curlee Discaya, who sought to be released from Senate detention.
Documents obtained by The Manila Times showed the Regional Trial Court Branch 498 in Pasay City dismissed Discaya’s allegation that the Senate committed grave abuse of discretion in ordering his detention on contempt.
Discaya filed a writ of habeas corpus petition before the Pasay court on Oct. 8. Named respondents were Senate President Vicente Sotto III and Senate President Pro Tempore Panfilo Lacson, and the Senate Sergeant-at-Arms.
“The matter raised in the petition alleging grave abuse of discretion committed by respondents, not being an issue proper in the instant case, is deemed severed from the petition and dismissed without prejudice for being a misjoined cause of action,” Presiding Judge Melvin Cydrick Bughao said in the ruling.
