Lacson warns of ‘double whammy’ for DPWH officials who recant testimony

Senate President Pro Tempore Panfilo “Ping” Lacson on Sunday warned former officials of the Department of Public Works and Highways (DPWH) that recanting their sworn statements on alleged corruption linked to anomalous flood control projects could expose them to heavier criminal liability while doing little to weaken cases against those implicated.

In a radio interview, Lacson said DPWH officials who backtrack on their testimonies before the Senate Blue Ribbon Committee could face prosecution for perjury under Article 183 of the Revised Penal Code, as amended by Republic Act No. 11594.

The law increased the penalty for perjury to up to 12 years in prison, along with a fine of up to P1 million and perpetual absolute disqualification from public office if the offender is a government official.

“If they will recant, they may be liable for violating the law on perjury, Article 183 of the Revised Penal Code as amended by RA 11594, which raises the penalty for perjury to up to 12 years. This is aside from a penalty of P1 million and perpetual absolute disqualification if the offender is a government official,” Lacson said.

Lacson stressed that the testimonies of the former DPWH officials are not the sole basis of the Senate investigation into the alleged flood control scam.

He noted that documentary and circumstantial evidence, including budget records linking various personalities — among them lawmakers — have already been presented in earlier hearings.

“Their statements are not standalone evidence. The case won’t die or collapse on the basis of their recantation,” he said.

He added that parallel investigations are ongoing, with the Department of Justice probing the matter and the Anti-Money Laundering Council moving to freeze the bank accounts of some individuals allegedly involved.

Lacson also pointed out that former DPWH Bulacan engineers Henry Alcantara and Brice Hernandez had already surrendered cash and vehicles to the government, which he said indicates an admission of wrongdoing. He did not rule out the possibility that individuals implicated in the controversy may have attempted to influence the former officials through legal intermediaries.

“I won’t wonder if some of those implicated may have reached out to the ex-DPWH officials through their lawyers,” he said.

Next Blue Ribbon hearing set

Lacson announced that the Senate Blue Ribbon Committee will resume its inquiry on January 19 at 1 p.m., with plans to subpoena several personalities who failed to attend earlier hearings despite invitations. These include former DPWH Secretary Manuel Bonoan, former Undersecretary Trygve Olaivar, Meynard Ngu, and former lawmaker Elizaldy Co.

If those subpoenaed continue to ignore the summons, Lacson said he would recommend to the Senate President the issuance of arrest warrants.

“Olaivar and company were invited but did not show up. We already subpoenaed them. If they still won’t show up, we can issue warrants for their arrest,” he said.

The committee also seeks clarification from the Department of Budget and Management and the Office of the Executive Secretary on the release of a Special Allotment Release Order that allowed the disbursement of P50 billion from unprogrammed appropriations on December 27, 2024.

Lacson said the panel may also invite Rep. Leandro Leviste, coursed through the House leadership, if the latter agrees. He noted similarities between documents made public by Leviste and those in his possession, although he said he has yet to see the specific documents referred to as “SAP” and “OP.”

On whether the so-called “Cabral files” could already be used as a basis for filing cases against Cabinet members, Lacson said the documents must first be authenticated by the DPWH.

Pushback vs. committee criticized

Meanwhile, Lacson pushed back against criticisms from Senator Imee Marcos, accusing her of undermining the integrity of the Blue Ribbon Committee despite not attending any of the hearings he chaired.

He dismissed claims that he barred senators from linking certain personalities — including former House Speaker Martin Romualdez — to the issue, saying Marcos was not present in the hearings where such matters were discussed. He also defended the committee’s time limits for interpellations, saying the 10-minute rule was imposed to ensure all senators had the opportunity to ask questions.

“What pressure is she talking about when she never attended any of the hearings I chaired?” Lacson said.

He added that while he previously chose to ignore what he called “nonsense,” he felt compelled to respond once the criticisms turned into personal insults and attacks on the committee itself.

“I have said before that the best response to nonsense is silence. But when she starts insulting, I cannot disregard it anymore. By insulting the Blue Ribbon Committee, she is undermining its integrity. Why does she not attend and ask questions?”

Lacson said he remains perplexed by what he described as attempts by some senators, including Marcos and Sen. Rodante Marcoleta, to disrupt the investigation, with Marcoleta earlier questioning his objectivity.

“The problem is that there are those who want to disrupt the investigation. I don’t know what their endgame is,” he said.