THE Office of the Ombudsman on Thursday brushed aside Orly Guteza’s recantation and pointed to 28 other witnesses who are prepared to provide direct and material knowledge of the transactions being investigated in the case involving former speaker Martin Romualdez.
“Recantation is not new in high-profile cases. This is a classic pressure tactic,” the Ombudsman said in a statement.
“The entire investigation does not revolve around a single or even a handful of witnesses,” it said, emphasizing that the case does not hinge on Guteza’s testimony alone.
The Office of the Ombudsman is investigating Romualdez over his alleged role in the multibillion-peso flood control bribery scandal, involving complaints of plunder, graft and corruption, direct bribery and money laundering.
Without identifying the specific agencies or positions of the 28 witnesses, the Ombudsman said they are people in uniform and still in active service.
The agency also warned those who have been or will be placed under legal process that cooperation is not a choice but an obligation under the law.
“Anyone who dares to obstruct, interfere with or disrupt the proceedings of the Ombudsman will face the full force of the law,” it added.
Guteza, an alleged former Marine and security aide to former lawmaker Elizaldy “Zaldy” Co, earlier alleged that he delivered suitcases containing cash to Romualdez but later recanted his testimony, saying he had been used by Sen. Rodante Marcoleta and former lawmaker Mike Defensor to fabricate accusations against the former speaker.
Counter-affidavit
Romualdez on Thursday submitted a supplemental counter-affidavit to the Office of the Ombudsman, attaching sworn statements from 25 former drivers and security aides of Co, his lawyer and spokesman said.
Lawyer Ade Fajardo said the submission included the reported recantation of Guteza.
“They have come forward and directly contradicted the earlier accounts of the 18 Maleta Boys presented by attorney Baligod,” Fajardo said in a statement, referring to Levito Baligod, who represented the 18 former Co bodyguards.
The 25 former personnel denied delivering money to Romualdez or other politicians or government officials and claimed they were encouraged to join a group of witnesses in exchange for money, with affidavits already prepared for them.
“The accounts are conflicting. Some are retracting their statements. New witnesses are claiming they have no personal knowledge of the allegations,” he added.
The Office of the Ombudsman earlier tagged Romualdez as a “central figure” in the diversion of public funds intended for flood control projects amounting to billions.
Guteza’s recantation and the 25 former aides’ statements are clear proof that there is no solid evidence that would tie Romualdez to anomalies, Fajardo asserted.
“We remain confident that in a fair investigating body, we will prove that the accusations against Representative Romualdez are baseless,” Fajardo said.
Not surprising
Sen. Panfilo Lacson said the recantation by Guteza was not surprising, considering that he was identified as a “coached” witness during a Senate Blue Ribbon Committee hearing last year.
Lacson said Guteza’s backtracking was foreseeable after he was “coached” by Marcoleta during the hearing on Sept. 23, and after some of the “Maleta Boys” did the same earlier.
“Since it is on record that Marcoleta coached Guteza, it is not surprising that Guteza would backtrack on his claims someday,” Lacson said in a statement.
“The backtracking of the ‘Maleta Boys’ has become a dime a dozen, so it’s not surprising that Guteza, the original ‘Maleta Boy’ aka Basura, followed suit,” he added.
Lacson said the case of Guteza and the other “Maleta Boys” smacks of attempts to personally gain from their alleged involvement in the flood control mess.
“In the words of swindlers, it’s ‘lagareng hapon’ or ‘doble kita,’ or 40-40 vision,” the senator said.
Lacson also said “while figuratively, testimonies and recantations are ‘one dime a dozen’ these days, ironically, they have become a lucrative business, especially when targeting politicians.” “We already increased the penalty for the crime of perjury with the enactment of RA (Republic Act) 11594... but apparently its implementation is wanting,” he added.
Earlier, Lacson said that during the Blue Ribbon hearing which he chaired, Marcoleta was observed to be coaching Guteza by prompting him on what to say.
Also, Lacson cited Senate CCTV records showing Guteza went to Marcoleta’s office, spending half an hour there, before appearing at the Blue Ribbon hearing.
Guteza, after a long absence, resurfaced and recanted his statements, adding that Marcoleta and Defensor had him testify in exchange for money and scholarships for his children.
Sen. Erwin Tulfo, meanwhile, said the Office of the Ombudsman should take the lead in investigating Guteza’s recantation, including possible perjury and other offenses arising from his conflicting statements.
Tulfo, chairman of the Senate Blue Ribbon Committee, said the Senate should leave the matter to Ombudsman Jesus Crispin Remulla to avoid duplicating investigations and to allow criminal proceedings to move more quickly.
“I’ll leave that to the Ombudsman,” Tulfo said in a radio DZBB interview, noting that Guteza’s testimony had been used in allegations involving Romualdez and other politicians.
Tulfo said the recantation could open the door to a separate investigation into whether Guteza committed perjury or whether he was induced or pressured to make his original allegations.
“Perjury cases should be prosecuted,” Tulfo said, adding that the Ombudsman is better positioned to determine what charges, if any, should be filed.
Tulfo said the Blue Ribbon Committee’s role is primarily legislative, or “in aid of legislation,” and that any findings involving possible criminal liability should ultimately be referred to the Ombudsman.
He said the Senate has turned over documents related to its investigation into alleged anomalies in flood control projects to the Ombudsman.
Rather than conducting another lengthy probe into the same allegations, Tulfo said the committee should focus on its legislative mandate while allowing the Ombudsman to pursue criminal cases.
“If Blue Ribbon investigates, it will take time. Then we will have findings, and the Ombudsman will investigate again,” he said.
Tulfo said he trusts the Ombudsman to determine the appropriate action on Guteza’s latest affidavit and the allegations involving the other personalities.
Tulfo said Guteza’s new accusations against Defensor and Marcoleta should also be investigated by the Ombudsman, particularly if the claims involve alleged inducement, coaching or fabrication of testimony are true.
The organizer of the Trillion Peso March against corruption said that the recent recantation of Guteza showed that the camps of President Ferdinand Marcos Jr. and Vice President Sara Duterte are using the flood control issue to politically attack each other.
“I think it’s clear at this point that the Marcos and Duterte camps are simply using the flood control issue to attack each other politically. While I’m curious about the Ombudsman’s eventual case against Romualdez, I think the only way we’re going to see genuine accountability on this is if the new administration after the 2028 election is independent of Marcos, Romualdez and Duterte,” Francis Aquino-Dee said on Thursday.
“I do not doubt that Marcoleta [and others] tampered with Guteza’s testimony. I also think it’s far too early to rule out Romualdez’s potential involvement. I think the truth about the flood control scandal has become murkier today, not clearer,” Aquino-Dee said.
