The Department of Justice (DOJ) will immediately act on a Manila judge’s order to further investigate the ‘falsified’ sworn statement of Senate witness Orly Guteza as soon as it receives a copy of the decision, Prosecutor General Richard Fadullon said on Wednesday.
‘We have not seen it. I heard in the news that the court had declared that the document or the notarization was falsified. But as to what the instructions of the court are specifically for the department to do, we have not received them yet,’ Fadullon said in a press briefing.
DOJ spokesperson Raphael Niccolo Martinez noted that complaints have to be filed first with the prosecution before it can start probing into the matter.
‘And then afterward, if we find that sufficient proof exists meeting the quantum of evidence under the law, then we file it with the courts,’ Martinez said.
Guteza, the former Marine sergeant who claimed that he delivered suitcases packed with public works project kickbacks to certain lawmakers, was found liable for his sworn statement that contained the forged signature of notary public Petchie Rose Espera.
According to an Oct. 24 order by Executive Judge Carolina Icasiano-Sison of the Manila Regional Trial Court Branch 18, the office had referred the falsification incident to the DOJ for further investigation and the filing of proper charges against Guteza.
The judge said the DOJ’s action against Guteza may cover other persons who ‘actively participated in (the) falsification.’
Guteza appeared on Sept. 25 at the Senate blue ribbon committee hearing on flood control project anomalies.
He was allowed to read his affidavit for the record after being presented to the body by Sen. Rodante Marcoleta, who said the witness was referred to him by former congressman Mike Defensor.
According to Fadullon, the court order that declared the affidavit falsified only meant that the document cannot be used or deemed binding by another party.
‘As far as Guteza is concerned, if what he’s saying is ‘this is my statement,’ that doesn’t change whether or not it was notarized. Because the truth or veracity of the statement is different from its being binding on him and on third parties,’ the prosecutor general said.