THE Department of Justice (DOJ) has admitted four former Department of Public Works and Highways (DPWH) officials and a contractor as state witnesses. The individuals, now under the Witness Protection Program, have collectively returned over P300 million to the government.
At a press briefing on Thursday, January 15, DOJ spokesperson Anthony Fadullon identified the state witnesses as former DPWH undersecretary Roberto Bernardo, former Bulacan district engineer Henry Alcantara, former DPWH National Capital Region director Gerard Opulencia, and contractor Sally Santos.
Justice Secretary Fredderick Vida emphasized that these individuals have returned a combined total of P316,381,500 to the government.
The breakdown of the returned amounts is as follows: Henry Alcantara (P181 million), Gerard Opulencia (P80 million), Sally Santos (P20 million), and Roberto Bernardo (P35 million).
Secretary Vida clarified that admission into the Witness Protection Program does not automatically absolve the individuals of all criminal liability. He explained that state witnesses are only discharged from criminal liability in cases where they provide evidence that can be used by the prosecution.
This immunity does not extend to all cases, particularly those involving so-called “ghost projects,” where contractors were paid for projects that never existed. In such instances, Vida stated that charges would still be filed against the individuals involved.
Under Philippine law, a state witness is a person who participated in the commission of a crime and agrees to testify for the government, subject to several conditions, including the gravity of the offense, the necessity of the testimony, the lack of other direct evidence, corroboration, and that the witness does not appear to be the most guilty and has not been convicted of a crime involving moral turpitude.
