The Department of Justice (DOJ) on Wednesday clarified that the statements of surprise witness Orly Guteza during the Senate Blue Ribbon Committee hearing can still be used in the investigation into the anomalous flood control projects.
The Justice Department made the clarification following the order issued by the Manila Regional Trial Court (RTC) Branch 18 identifying Guteza as the alleged author of the falsification.
In a press briefing, Prosecutor General Anthony Fadullon explained that even if statements were not notarized, it does not automatically mean that their content is a falsehood.
“In the Senate, when he spoke, he first took the oath. He is also bound by the oath that he took when he was in the Senate and when he testified before the Senate Blue Ribbon Committee, so if it can be used, I still believe it is something that can be useful,” Fadullon said.
He added that the case filed with the court was only for the benefit of the notary public clearing the lawyer from any liability arising from purported notarization.
“The truthfulness or veracity is different from the fact that it is binding as far as he is concerned and in so far as third persons are concerned,” Fadullon said.
The court referred the case to the DOJ for further investigation, as well as the filing of charges against Guteza and other individuals who presented the affidavit.
However, Fadullon said they have yet to receive a copy of the order.
For his part, Justice spokesperson Polo Martinez emphasized the distinction of the powers and competence of the prosecution and courts in relation to the criminal justice system.
“When the court says one thing with respect to this order, they cannot instruct us to do something immediately… With respect to the prosecution, complaints would necessarily have to be filed first with the prosecution as a general rule before the prosecution conducts investigation, and then after finding sufficient proof exists meeting the quantum of evidence under the law, we file it with the courts,” Martinez said.
