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Ombudsman says Discayas risk being classified hostile witnesses

Kaxandra Salonga

ABS-CBN News

<p>MANILA — The Office of the Ombudsman on Monday said the Discayas’ refusal to cooperate in the flood control investigation cost them their chance to become state witnesses and made them possible respondents in corruption cases.</p><p>“The Discayas, due to their uncooperative behavior now, there’s absolutely no chance that they can even become state witnesses anymore. Because of the statement that they are uncooperative, then they are leaning to be hostile witnesses and can only be charged as respondents in the future, accused in the case of malversation of public funds, of falsification of public documents and all the other crimes they were a part of,” Assistant Ombudsman Mico Clavano said in a press briefing on Monday.</p><p>He said the Ombudsman is ready to move forward with cases against Sara and Curlee Discaya should they continue to resist.</p><div><a href="https://www.abs-cbn.com/news/business/2025/10/8/discaya-couple-aide-face-p7-1-billion-tax-charges-1030">BIR files P7.1-B tax complaints vs Discayas, says couple &#x27;never divested&#x27; from firms</a></div><p>“The wheels of justice will turn on the Discaya if they refuse to cooperate. Tignan na lang po natin kung di pa rin sila magkocooperate kung nakakulong na sila. We’ll see kasi lahat po talaga ng kabalastugan ng DPWH pinasukan na talaga ng Discaya so I don’t think they’re in any position to bargain with the government especially with their status as state witness,” Clavano said.</p><p>Clavano said their participation in thousands of bids and corruption schemes is too serious to dismiss.</p><p>“Alam naman po natin na higit 4000 ang sinalihan nilang bids around the country and kahit anong scheme or scam na nakita natin sa DPWH, kasama sila so it’s impossible that they can be considered state witnesses for all those crimes,” he said.</p><p>The Assistant Ombudsman said the Discayas’ noncooperation and inadequate sworn statements is a calculated strategy to maintain leverage.</p><p>“Yung pagtalikod nila sa gobyerno at refusal nila na magkooperate, sa tingin po namin part ng strategy nila na makakuha pa rin ng something. Kasi siguro sa tingin nila napakaimportante ng statements na hawak nila,” Clavano said.</p><p>“Pag binasa yung affidavit na ‘yon, kulang na kulang. Hindi po specific yung mga acts and you cannot satisfy the elements of a crime using affidavits they submitted… ‘Yun yung strategy nila, binibitin-bitin po tayo, tapos ngayon completely nagrefuse na sila magkooperate sa gobyerno pero wala silang mabuga na kahit anong tulong,” he added.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/15/discayas-back-out-from-cooperating-with-ici-on-flood-control-project-probe-1744">Discayas back out from cooperating with ICI on flood-control project probe</a></div><div><br/></div><div><strong>MORE EVIDENCE NEEDED</strong></div><p>Meanwhile, Clavano said Bulacan 1st District Assistant Engineer Brice Hernandez provided a ledger of project proponents in a clarificatory interview for the Ombudsman’s probe into Bulacan flood control projects.</p><p>However, Clavano said the testimonial evidence alone may not be enough.</p><p>“Cooperative naman siya [Brice Hernandez]. Nagbigay siya ng ledger mga proponents ng mga projects na sinagawa sa Bulacan. Forthcoming naman po si Brice Hernandez kaso lang po kulang sa ebidensya pa para mas maging matibay kasi kung testimonial evidence lang po inaasahan natin, there is a risk na babaliktad lang siya,” Clavano said.</p><p>He added that Hernandez’s statements during the Ombudsman probe were consistent with his previous testimony before the Department of Justice, but his account should be corroborated with other evidence, such as official documents, project records, and supporting videos or pictures.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/10/24/ombudsman-says-brice-hernandez-no-longer-seeks-to-be-state-witness-1416">Ombudsman says Brice Hernandez no longer seeks to be state witness</a></div><p>Clavano said the office also plans to speak with retired DPWH Usec. Roberto Bernardo regarding legal arguments for higher-ranking officials implicated in anomalous flood control projects.</p><p>“Si Usec. bernardo gusto namin kausapin dito dahil ibang legal theory naman tinitignan natin dito para doon sa mga above the salary grade of the District Engineer,” Clavano said.</p><p>He added that investigators are continuing their review of around 20 flood control-related complaints in their office.</p><div> </div><div><strong>MIDNIGHT APPOINTMENTS</strong></div><p>Clavano said a number of alleged midnight appointees have handed in courtesy resignations as requested by the Ombudsman.</p><p>“Meron na po nagtender sa kanilang courtesy resignation… there is a good number that has submitted already and had shown good faith to the Ombudsman,” Clavano said.</p><p>However, he said that certain appointees are reportedly gathering allies to resist filing resignations.</p><p> “There are certain moves na naggagather sila ng support para di magfile ng courtesy resignation. The Ombudsman is aware of that but he is giving a chance na magfile sila ng courtesy resignation nila as a show of good faith,” Clavano said.</p><p>“I don’t think we can really label it as kinokontra nila mismo si Ombudsman but it’s just, they feel and they believe that their position is worth protecting without really seeing the whole philosophy why the Ombudsman is doing this. Hindi naman po yan para manggipit o para insultuhin ang mga tao na napromote at iinvalidate ang kanilang appointments,” he added.</p><p>Clavano said the Ombudsman is also reviewing existing policies set under former Ombudsman Samuel Martires, including the rule that filing a Motion for Reconsideration was treated as a mandatory precondition for submitting an appeal.</p><p>Martires’ policy prevented parties from appealing if a Motion for Reconsideration was not submitted.</p><p> “These are all just discussions. Yung effect po kasi na ginawa ng dating Ombudsman, he effectively barred the appeal dahil if a motion for reconsideration is a precondition ot the filing of the appeal, he said his policy was do not file a Motion for Reconsideration, that means the appeal is no longer possible,” he said.</p><p>“The Ombudsman in a discussion earlier mentioned na sana yung Motion for Reconsideration ay hindi maging recquisite para magfile pa ng appeal,” he added.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><strong><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/qXByWe-Qdvc?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>The Office of the Ombudsman on Monday said the Discayas’ refusal to cooperate in the flood control investigation cost them their chance to become state witnesses and made them possible respondents in corruption cases.</p>

The Office of the Ombudsman on Monday said the Discayas’ refusal to cooperate in the flood control investigation cost them their chance to become state witnesses and made them possible respondents in corruption cases.

Ombudsman says Discayas risk being classified 'hostile witnesses'

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Ombudsman says Discayas risk being classified 'hostile witnesses'

Kaxandra Salonga,

ABS-CBN News

Published Oct 27, 2025 07:13 PM PHT

Read More:

Office of the Ombudsman

Flood control

Sarah Discaya

Curlee Discaya

Investigation

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