Former Department of Public Works and Highways (DPWH) Bulacan District Engineer Henry Alcantara has turned over to the Department of Justice (DOJ) P110 million, a portion of the P300 million he received as kickbacks from flood control projects, to be restituted to the government.
Acting Justice Secretary Fredderick Vida, in a press conference, said the cash represents a portion of the P300 million kickbacks he received from the flood control projects.
‘This is a portion of the amount. Basically, the restitution amount is based on. we look at the averments, their statements on how these amounts accumulated from certain transactions. This P300 million is only for those particular cases,’ Vida said.
While Vida did not specify which cases he was referring to, he, however, said that some of the cases mentioned by Alcantara in his sworn statement include the complaints undergoing preliminary investigation before the DOJ for malversation, graft under Republic Act 3019, and Perjury.
These cases concern flood control projects in Balagtas and Pandi, Bulacan.
Restitution amount and basis
Vida explained that the total restitution amount of P300 million is based on transactions Alcantara admitted to through his sworn statements.
Then, a panel will evaluate the sworn statements.
‘We have a panel evaluating, di ba? Medyo so, simple lang po. Pag sinabi niya, nag-deliver ako ng ganito. Nag-deliver ako ng total ng 1 billion pesos. At dito po sa deliver ko ng 1 billion pesos, meron po akong kinita 2 percent. Kasama siya sa mga salisay niya. Inuuri namin yung salaysay, at doon po namin binabase ang computation,’ Vida explained.
(If the applicant states: I delivered a total of P1 billion, and I earned two percent kickbacks, the panel will total the kickbacks received from every transaction.)
For the remaining P190 million, Vida said, it should also be paid in cash.
The money turned over, he said, is considered ‘money unlawfully obtained by Engr. Henry Alcantra.’
‘This is recovery of the people’s money,’ Vida said.
From the DOJ, the money was turned over to the Bureau of the Treasury, where representatives from the Land Bank of the Philippines will help count and validate the bills to determine whether they are counterfeit.
‘Then, they will issue a certification that they received this particular amount and an official receipt,’ he said.
Condition for State Witness Status
‘Returning the money is a sign of good faith, proof of their desire to help the government,’ Vida said.
Alcantara is currently provisionally admitted to the Witness Protection Program (WPP), meaning he only receives government protection. Once fully admitted, he will be immuned from suit only in connection with the cases he testified on.
However, Vida said that restitution is only one factor in determining whether a person can become a state witness.
Under Republic Act 6981 or the Witness Protection, Security and Benefit Act, the final say on whether a person will become a state witness lies with the court.
The law states that the DOJ shall issue a certification that a certain person is admitted to the WPP, then the prosecutor shall file a petition in court for the person’s discharge.
‘The court shall order the discharge and exclusion of the said accused from the information,’ stated under the law.
Vida said the successful admission of a state witness hinges on their honesty and commitment to testify truthfully in court.
Vida said Alcantara is the first to turn over cash to the government. Previously, fellow Engr. Brice Hernandez and the Discaya couple turned over their luxury vehicles to the government.
Alcantara is the district engineer from Bulacan. He approved several flood control projects, including the P55 million reinforced concrete river wall in Barangay Piel, Baliwag, Bulacan.
Last September, DPWH Secretary Vince Dizon dismissed Alcantara from service.