The Department of Justice (DOJ) is ready to conduct a case build-up against former and incumbent members of Congress for alleged involvement in six anomalous flood control projects of the government.

DOJ Undersecretary Hermogenes T. Andres did not name them. He said during a late afternoon press briefing on Friday, Nov. 7, that the case build-up and preliminary investigation may happen next week.

Andres said: “There will be proponents or politicians involved in downloading and who availed themselves of the kickback.”

“So you can expect a congressman, past or present, to be involved in the next batch of cases, senators, whether past or present, and other proponents who were involved,” he said.

He disclosed that the case build-up was made possible with the cooperation of a number of whistleblowers who included former officials of the Department of Public Works and Highways (DPWH).

Andres said the whistleblowers included former DPWH district engineer Henry C. Alcantara, former DPWH assistant district engineer Brice Ericson D. Hernandez, former DPWH assistant district engineer Jaypee Mendoza, DPWH project Arjay S. Domasig as well as Syms Construction representative Sally N. Santos.

“I am very happy to say they are now telling everything,” Andres said as he pointed out that “their testimonies are aligned” and “their testimonies are saying the same story.”

He added: “At this point in time, I believe there is sufficient evidence to implicate even politicians.”

On the other hand, Andres clarified that “we are not giving any blanket immunity to any of the whistleblowers and they have agreed to that and they understood the situation.”

“But we will give specific immunity for each particular case where their testimony will be used,” he assured.

He explained that “in admitting their participation in the entire scheme, obviously they also admitted their part in the kickback mechanism and malfeasance in the implementation of the project.”

“But they are looking at being exempt from criminal prosecution for that particular case if there is a higher mastermind that they can point to kasi nga (because) the requirement for you to become a state witness is that you are not the ‘most guilty,’” he said.

At the same time, Andres said the DOJ will not oppose the whistleblowers if they seek to have a plea-bargaining agreement in a certain case so that they can plead guilty for lesser offenses.

He said contractor spouses Cezarah “Sarah” Discaya and Pacifico “Curlee” Discaya are no longer cooperating with the DOJ.

“As far as the Discayas are concerned, they have stopped coordinating with us,” he said.

Andres said the first batch of cases involved alleged anomalous government flood control projects in Bulacan and are set to undergo preliminary investigation hearings before a panel of prosecutors at the DOJ starting this Monday, Nov. 10.

“We are quite confident this is already ripe as a strong case that can be and should be filed in court,” he said.

“So, it’s up to them (respondents) to refute these documents and to put up their defenses,” he also said.

The respondents named in the first five cases included Alcantara, Henandez, Mendoza, Domasig, Santos, DPWH Project Engineer Nino Lawrence V. Morales, Finance Section Chief Juanito C. Mendoza, Administrative Section Chief Floralyn Y. Simbulan, and Cashier II Christina Mae D. Pineda.

Among the charges they are facing include malversation through falsification under Article 217 in relation to Article 171 Paragraph 4 of the Revised Penal Code (RPC); perjury under Article 183 of the RPC; and violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.