The Department of Justice (DOJ) needs to explain why former Bulacan first district engineers Brice Hernandez and Jaypee Mendoza were not included as state witnesses in the anomalous flood control projects, Bicol-Saro Partylist Rep. Terry Ridon said.

Ridon questioned why former DPWH Bulacan District Engineer Henry Alcantara was the only one considered a state witness, despite Alcantara having greater accountability.

The party-list representative said the DOJ should provide further details on why the two were excluded even though they are lower-ranking DPWH officials while Alcantara was included as a state witness. He emphasized that clarification is critical to determine whether Hernandez and Mendoza will still be considered for state witness status, or if their inclusion remains pending. “It would be unjustifiable if only lower-ranking officials are held accountable,” Ridon said.

“Those who are really involved go scot-free. We saw that Roberto Bernardo and Henry Alcantara qualified as state witnesses while Brice Hernandez and Jaypee Mendoza did not,” he added.

Ridon cited previous instances where Hernandez and Mendoza first revealed alleged corruption and money-handling irregularities at the DPWH First District Engineering Office, describing them as the “spearheads” in the public outcry over the controversy.

“It is not acceptable for me, and probably the public will not accept, the explanation why Brice Hernandez and Jaypee Mendoza did not pass as state witnesses,” he said.

The lawmaker said the participation of the two in the scheme is fundamental and very clear, and they are not the most guilty.

The DOJ previously said Alcantara and former DPWH Undersecretary Roberto Bernardo were considered “protected witnesses” and were under “provisional acceptance” in the Witness Protection Program. Hernandez and Mendoza were also included in provisional acceptance, but the DOJ said it currently “sees no need” to admit them to the program.

Aside from Bernardo and Alcantara, other state witnesses include Gerard Opulencia and contractor Sally Santos. DOJ Secretary Frederick Vida said the four would be immune from criminal liability.

The acting DOJ chief added that a total of P316,381,500 had been returned by the four state witnesses, out of a total obligation of P1.5 billion.

Hernandez and Mendoza are both listed as respondents in malversation, graft, and falsification of documents charges related to the Bulacan flood control projects.