Two former Department of Public Works and Highways (DPWH) engineers have petitioned the Department of Justice (DoJ) to exclude their previous sworn statements from a flood control graft probe, arguing the documents were intended only for their failed Witness Protection Program applications.

This comes as Brice Hernandez and Jaypee Mendoza filed separate counter-affidavits before the DoJ last 5 January as the engineers, currently detained at the New Quezon City Jail, are undergoing a preliminary investigation into an alleged “ghost” flood control project in Pandi, Bulacan.

The pair had previously disclosed details of a supposed “modus operandi” involving questionable public works.

However, after they were denied entry into the Witness Protection Program (WPP), they argued that their confessions should be inadmissible.

In his filing, Hernandez sought the removal of a “Whistleblower’s Report,” a joint affidavit, and a supplemental statement.

He argued that using these documents as evidence violates his constitutional right against self-incrimination and noted that the Witness Protection Act restricts the use of statements provided during the application process.

Hernandez further alleged he was pressured by investigators to sign one affidavit without a full review, claiming he was assured the information would only be used to prosecute other high-ranking officials.

Meantime, Mendoza echoed these sentiments, stating that the government’s complaint against them relies almost entirely on the information they provided in hopes of becoming state witnesses.

Acting Justice Secretary Fredderick Vida acknowledged that the statements were helpful in building the initial case but noted that other witnesses are still cooperating with the government.

The two engineers are already facing a separate trial before the Sandiganbayan involving another infrastructure project in Bulacan. The DoJ has not yet ruled on whether the questioned documents will remain part of the evidence as the investigation continues.