The Department of Justice (DOJ) said it will formally seek custody of former Department of Public Works and Highways (DPWH) District Engineer Henry Alcantara at the appropriate time, as he is now considered a state witness in the investigation into anomalous flood control projects.

Alcantara remains under Senate custody after being cited in contempt during a Senate Blue Ribbon Committee hearing last year. Despite his status as a prospective state witness, the Senate retains jurisdiction over him because of the contempt order.

DOJ Prosecutor General Richard Fadullon said the department will coordinate its request with Senate President Vicente “Tito” Sotto III once circumstances allow.

“Notwithstanding his coverage as a state witness, the Senate still has jurisdiction over him because of the contempt charges. But we will make the necessary request at the proper time,” Fadullon told reporters shortly before the resumption of the Blue Ribbon Committee hearing on Monday. 

Fadullon disclosed that the DOJ had already requested custody of Alcantara sometime in November or December 2025, in anticipation of his possible inclusion in the Witness Protection Program (WPP). He said the move will make it easier to manage Alcantara’s movements and ensure his protection. 

However, the Senate opted to keep him for now so that he would be readily available whenever the Blue Ribbon Committee needs him for its proceedings, he further explained.

DOJ Acting Secretary Fredderick Vida said several factors must be considered before transferring custody, including the witness’s safety and the timing of Senate proceedings.

“Of course, yung protection ng witness and to ensure na safe siya. And of course, depende, siyempre the timing from the Senate. Kasi when they do adjourn, yun yung importante (Of course, we have to ensure the protection and safety of the witness. We also have to consider the Senate’s schedule, especially when it adjourns),” Vida said. “Remember, with the end objective of ensuring that the state witness is protected, that they are available when the prosecution and the state needs them to fully prosecute the case.”

Fadullon added that once the Blue Ribbon Committee concludes its investigation into the alleged anomalies in flood control projects, Alcantara will be turned over to the DOJ.

According to Vida, former DPWH-Bulacan officials Brice Hernandez and Jaypee Mendoza were not accepted as state witnesses as their testimonies were no longer necessary for the prosecution to build its cases.

“Their application for those particular cases were declined…Because for those particular cases, their testimonies will no longer be necessary for the state to prosecute the cases,” he he said.

He added that the initial cases involved alleged “ghost projects,” which already had sufficient evidence to establish their elements.

Fadullon emphasized that state witnesses should not be the most culpable parties in a conspiracy.

He stressed that it would be absurd to remove the highest-ranking officials in a district from accountability in a conspiracy.

“Sino yung highest officials kasi ng district 1 ng Bulacan? So parang it would be absurd na if you're talking about yung conspiracy doon, tatanggalin mo yung taas,” Fadullon said.

“If there is a witness who will come out and they're not the most guilty in those charges, we will consider them over and above the testimonies of those who are offering to be state witnesses,” he added.