THE rash of recantations by witnesses with supposedly explosive allegations related to the flood-control fund mess indicates a growing ‘business’ in alleging and then withdrawing claims, Sen. Panfilo Lacson said on Friday. With this, he is pushing for heavier penalties against those who induce or force another person to commit perjury, following the recent recantations of ‘coached witness’ Orly Guteza and three of the ‘Maleta Boys’ regarding their statements claiming to have delivered cash in suitcases to certain personalities.
Lacson-himself a victim of allege-recant modus by witnesses in his first term as senator-also sought stricter enforcement of the current Anti-Perjury Law to curb the ‘lucrative business’ of testimonies and recantations, especially those targeting political personalities.
‘Orly Guteza’s recantation should not end there. Republic Act No. 11594 which we passed in October 2021 has increased the penalty for perjury to ‘prision mayor’. Further, a person who induces another to commit perjury is also liable for being a principal by inducement,’ he said in a post on X. Guteza is a former security officer of former Bicol congressman Zaldy Co, who is at the center of allegations of diversion of flood funds to kickbacks and pet projects of politicians. He is believed hiding in France.
‘I will file a bill imposing heavier penalty and fine for ‘subornation of perjury’ or, if a person induces or forces another to commit perjury,’ Lacson said.
The person directly offended or prejudiced by the perjury may file such a complaint against those who induced someone else to commit perjury, according to Lacson.
‘[T]he person directly offended or prejudiced by the perjury may file. In Guteza’s case-ex Speaker [Martin] Romualdez. If not him for some reason, any public officer charged with enforcing the law,’ Lacson added.
On Thursday, Lacson said Guteza’s backtracking was ‘not surprising,’ after he observed Sen. Rodante Marcoleta ‘coaching’ Guteza, or prompting him on what to say in Guteza’s affidavit, during the Blue Ribbon Committee hearing chaired by Lacson on Sept. 23 last year.
In recanting his earlier statement, Guteza also claimed that Marcoleta and ex-Rep. Michael Defensor had him ‘testify’ in exchange for money and scholarships for his children.
In the meantime, Lacson underscored the need to strictly implement Republic Act 11594, which imposes heavier prison terms and fines on those who commit perjury.
He noted the backtracking by Guteza and some of the ‘Maleta boys’ had become ‘a dime a dozen,’ and indicates such a practice has become a profitable venture.
‘While figuratively, testimonies and recantations are ‘one dime a dozen’ these days, ironically, they have become a lucrative business especially when targeting politicians,’ he noted.
Lacson added that he and his fellow lawmakers already increased the penalty for the crime of perjury with the enactment of RA 11594 as a result of the extra-judicial killing (EJK) hearings conducted by the Senate Committee on Public Order and Dangerous Drugs in 2021, but ‘apparently its implementation is wanting.’
Article 183 of the Revised Penal Code as amended by RA 11594, punishes false testimony with prision mayor in its minimum period (six years and one day to eight years), and a fine of P1 million.
If the offender is a public officer or employee, the maximum jail time is increased to 12 years, along with perpetual absolute disqualification from holding any appointive or elective position in government.
Lacson also pointed out that aside from the heavier penalties in the law, the recantations may not necessarily weaken the cases against those implicated.