Senate President Pro Tempore Panfilo Lacson on Thursday dismissed the claim that former Technical Sergeant Guteza was in the custody of the Philippine Marine Corps, calling it another case of political “fakery.”

Lacson said Marine Commandant Maj. Gen. Vincent Blanco III confirmed that Guteza had never been in their custody, contrary to a statement made by former representative Michael Defensor.

“As per verification made with the Marine commandant, Maj. Gen. Vincent Blanco III, through fellow cavaliers, Guteza is not and had never been in their custody. How much more fakery can we take?” Lacson said in a post on X.

Earlier, Defensor said in a television interview that Guteza was being protected by the Marines. 

The Philippine Navy said Guteza had retired from the Marine Corps on 30 June 2020.

“As a retired serviceman, he no longer falls under the administrative authority of the Philippine Navy. Any engagements or interactions he may have at present are undertaken in his personal capacity,” Navy spokesperson Capt. Marissa Martinez said.

She added that Guteza “is not under the protection of the Philippine Marine Corps, which has no involvement in his personal affairs.”

Guteza was introduced as a “surprise witness” at the Senate Blue Ribbon Committee hearing on anomalous flood control projects on 25 September by Sen. Rodante Marcoleta, who said Defensor had brought Guteza to him. 

Guteza said he served as a security consultant to former Ako Bicol Partylist Representative Zaldy Co and personally delivered suitcases of cash, allegedly flood control funds, to Co and former House Speaker Martin Romualdez at their residences.

He also claimed that former ACT-CIS Partylist representative Eric Yap delivered 46 suitcases of cash to Co’s residence. All three lawmakers have denied the allegations, calling them baseless.

Earlier this week, Lacson noted that the executive judge of the Manila Regional Trial Court had found discrepancies in the signature of the notary public on Guteza’s affidavit and recommended that Guteza and those who submitted the affidavit be investigated for falsification of a public document.

Senate CCTV footage reviewed by Lacson showed that Guteza arrived at the Senate at 8:27 a.m. on 25 September, stayed in Marcoleta’s office for about 30 minutes, before going to the session hall for the hearing.

Lacson said that while Guteza’s testimony remains on the record, the inconsistencies in his documents may affect his credibility.

Defensor has maintained, however, that Guteza’s sworn statements before the Senate carry legal weight.

“It’s immaterial to me since he made a sworn statement at the Senate. He made a statement under oath, which also carries the weight of evidence in a legal proceeding. Whether there’s an error on the notary, he signed it,” Defensor said.

“He presented it to the Senate, and then he verbalized what he said. That’s enough. That’s evidence,” he added.

House infrastructure panel chairperson Terry Ridon, meanwhile, said the Department of Justice should consider prosecuting Guteza and others over the questionable affidavit.