Two former Department of Public Works and Highways (DPWH) engineers have asked the Department of Justice (DoJ) to exclude their previous sworn statements from a graft investigation into an alleged ghost flood control project in Pandi, Bulacan, arguing the documents were intended solely for their failed applications to the Witness Protection Program.

Brice Hernandez and Jaypee Mendoza filed separate counter-affidavits before the DoJ on 5 January as they undergo preliminary investigation in connection with the alleged P92.8 million flood control project. The two are currently detained at the New Quezon City Jail.

The engineers earlier disclosed details of what they described as a “modus operandi” involving questionable public works transactions. After being denied entry into the Witness Protection Program, however, they claimed their statements should no longer be admissible as evidence.

In his filing, Hernandez sought the exclusion of a so-called Whistleblower’s Report, a joint affidavit and a supplemental statement, arguing that their use violates his constitutional right against self-incrimination.

He also cited provisions of the Witness Protection Act that restrict the use of statements given during the application process.

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

Mendoza echoed the claim, saying the government’s complaint against them relies almost entirely on information they provided in hopes of becoming state witnesses.

Falsified reports

Acting Justice Secretary Fredderick Vida acknowledged that the statements helped establish the initial case but said other witnesses remain cooperative as the investigation continues. The DoJ has yet to rule on whether the questioned documents will remain part of the record.

The case stemmed from the alleged release of about P76 million for a flood control project in Puroc V, Barangay Bonsuran, Pandi, Bulacan, which authorities said was never implemented despite being declared completed.

The Office of the Ombudsman alleged the respondents falsified accomplishment reports, issued fraudulent billing documents and endorsed disbursement vouchers to facilitate the disbursement of public funds.

The engineers are among several defendants in the case, which also involves former Sen. Ramon “Bong” Revilla Jr. On Monday, the Sandiganbayan Third Division entered a plea of not guilty for Revilla after he refused to enter one during arraignment.

The anti-graft court also entered not-guilty pleas for the other accused, including Hernandez and Mendoza. A separate division of the Sandiganbayan earlier entered a not-guilty plea for Revilla in a related graft case tied to the same project.

The Pandi case has drawn attention amid broader scrutiny of flood control spending, which has ballooned in recent years and fueled allegations of systemic abuse.

Lawmakers and advocacy groups have claimed that billions of pesos in flood control funds were diverted through kickbacks. Some critics, including expelled Rep. Zaldy Co, have publicly accused President Ferdinand Marcos Jr. of pocketing billions of pesos, allegations the administration has denied.

The Ombudsman has said cases such as the one involving the Pandi project demonstrate that accountability mechanisms remain in place, even as flood control projects continue to face heightened scrutiny over their implementation and use of public funds.