Fadullon: Discayas can’t dictate Witness Protection terms

Prosecutor General Richard Anthony Fadullon on Thursday cautioned that contractor couple Curlee and Sarah Discaya cannot use their Witness Protection Program (WPP) application as leverage to set conditions or dictate terms in their cooperation with the government’s corruption probe.

He said the Department of Justice (DOJ) respects the couple’s decision to pause their coordination with the Independent Commission on Infrastructure (ICI), but warned that such a move could affect their eligibility for protection.

“They are applying for witness protection coverage, and we have procedures to determine whether they are qualified,” Fadullon said. “It is not for anybody to dictate to us how to conduct our evaluation or impose conditions.”

The DOJ, he added, was “surprised” to learn through the couple’s lawyer that they would no longer cooperate with the ICI, although there has been no formal communication of withdrawal.

“As far as the department is concerned, there has been no indication that they are refusing to continue talking to us,” he noted.

Fadullon clarified that the WPP provides protection, not immunity from prosecution.

“The protection is there because of the danger to their lives, but that protection cannot be equated with immunity,” he said. “If what they’re expecting is blanket immunity, that’s out of the question. Each project could constitute one separate case.”

He pointed out that the DOJ’s evaluation process involves cross-checking the veracity of an applicant’s statements — including names, transactions, and the movement of money — before recommending protection.

“You cannot just run around mentioning people’s names without supporting documents or evidence,” Fadullon said.

The prosecutor general confirmed that the DOJ continues to build corruption cases related to alleged ghost flood control projects independently of any prospective state witnesses.

“Even as we speak, we are gathering evidence on different projects reported to us,” he said. “We already have cases referred to the Office of the Ombudsman this week involving flood control projects, and those can stand on documentary evidence alone.”

He added that while insider testimony could strengthen the government’s case, “you cannot rely solely on one person’s testimony,” warning that witnesses could later retract their statements.

Fadullon said the DOJ has received only one affidavit from the Discayas so far, which remains under evaluation.

He emphasized that cooperation with investigating bodies such as the ICI remains crucial in determining their credibility and eventual qualification under the WPP.

“If they choose not to cooperate, that could be a reason to deny their application — because there would be nothing to evaluate in the first place,” he explained.

The DOJ official appealed to potential witnesses to be forthright in their testimonies if they genuinely wish to aid the government in uncovering corruption in public works.

“Our appeal is simple: if you come to us, tell us everything,” Fadullon said. “If you hide information or selectively remember, then it’s better not to speak at all. Partial truths will not be credible to us — or to the court.”