By Wilnard Bacelonia | Philippine News Agency
Prosecutor General Richard Fadullon on Friday said the government has no legal authority to stop former Department of Public Works and Highways officials, contractors or lawmakers linked to the alleged flood control fund scheme from leaving the country unless cases are filed in court.
Fadullon made the statement after Sen. Erwin Tulfo asked how authorities could prevent key personalities from flying abroad while the Senate Blue Ribbon Committee continues its probe.
Tulfo noted public frustration over the reported departure of several individuals tagged in the scheme.
“Paano po natin pipigilan? Baka darating ang araw, wala na tayong ma-imbestigahan,” Tulfo said.
Fadullon said speeding up the filing of charges is the only viable solution.
He explained that a lookout bulletin, the only tool available to the Department of Justice (DOJ) at this stage, “would not prevent them from being able to leave the country” as it merely flags passengers at immigration counters and carries no legal force.
“There is no legal impediment for them to leave because it would be violative of their constitutional right,” he said.
He added that passport cancellation is possible only after cases are filed and only upon court order, affirming Tulfo’s point that such action cannot be applied to individuals who have not yet been charged.
Pressed for alternatives, Fadullon said the government’s options are limited.
“The only solution that I can find for this particular predicament… is for us to fast-track the filing of the cases. Once these cases are filed in court and warrants are issued, then we can move for the cancellation of the passports,” Fadullon said.
He reported that five flood control and ghost project cases are currently undergoing preliminary investigation, with resolution expected by the first or middle of December.
Additional cases are also under DOJ evaluation and before the Office of the Ombudsman.
Tulfo cited that public concern persists with some witnesses, including whistleblower and former soldier Orly Guteza, unreachable.
Guteza claimed he was a former staff of resigned Ako Bicol partylist representative Zaldy Co and that he delivered suitcases of money to the homes of Co and former House of Representatives Speaker Martin Romualdez.
Fadullon clarified that Guteza never applied for the Witness Protection Program.
He said the DOJ has “no interaction” with him since his Senate testimony on Sept. 25.
The Blue Ribbon Committee, chaired by Sen. Panfilo Lacson, said Guteza’s affidavit would remain part of the official record once the committee submits its report.
