Assistant Ombudsman Mico Clavano on Monday said that, due to the uncooperative behavior of Curlee and Sarah Discaya, their chance of becoming state witnesses in the flood control cases has dropped to zero.

According to Clavano, because of their recent decision to no longer cooperate with the investigation alongside the Independent Commission on Infrastructure (ICI), the couple is now deemed hostile witnesses.

“The Discayas, due to their uncooperative behavior, have absolutely no chance of becoming state witnesses anymore. Because of their statements, they are deemed hostile witnesses,” Clavano said.

The Discayas will now face prosecution only as ordinary respondents for malversation of public funds, falsification, and other crimes.

“We know that they joined more than 4,000 bids around the country, and in every scheme or scam we have seen in the DPWH, they were involved. So, it’s impossible for them to be considered state witnesses for all those crimes they’ve committed,” Clavano said in a mix of English and Filipino.

The Discaya couple formally sought inclusion in the Witness Protection Program (WPP) under the Department of Justice (DOJ) on September 19. Ombudsman Jesus Crispin “Boying” Remulla, who was the DOJ Secretary at the time, announced on September 24 that they were being considered protected witnesses.

According to Clavano, the protection granted to the couple will be removed as a consequence of their uncooperative actions.

“Being a protected witness was a prelude to becoming a state witness, but we think there’s absolutely no chance right now if they remain hostile to us,” Clavano said.

The assistant Ombudsman also stated that he believes the couple’s refusal to cooperate and withhold information is a strategy to gain “something” as the case continues to unfold.

“The wheels of justice will turn against the Discayas if they refuse to cooperate. Let’s just see if they still won’t cooperate once they are already detained,“ Clavano emphasized.

Clavano added that the statements made by the couple during the Senate hearings can help clarify the flood control investigation; however, he noted that their information is still lacking and cannot be considered solid evidence.

“You cannot satisfy the elements of the affidavit (submitted to the Senate),” Clavano said.

Meanwhile, the Ombudsman tasked the DOJ to lead the preliminary investigations on the cases filed by the department, including the testimonies of former Department of Public Works and Highways (DPWH) engineers Brice Hernandez, Henry Alcantara, and Jaypee Mendoza, who were also granted the status of protected witnesses.