Ombudsman open to probe ex-bodyguards’ claims, seeks individual affidavits

The Office of the Ombudsman has indicated that it may further examine allegations from individuals claiming to be former bodyguards of fugitive lawmaker Zaldy Co regarding the flood control controversy, provided sufficient evidence is presented.

During the Senate Blue Ribbon Committee’s consultative meeting on Monday, Ombudsman lawyer Karen Batu said the group’s joint affidavit was not enough to trigger a formal investigation immediately.

According to Batu, the Ombudsman required the witnesses to submit separate sworn statements detailing their individual knowledge of the alleged incidents, as the joint affidavit failed to clearly establish what each person personally saw or experienced.

“Yes, because it’s like collective, it’s just a joint affidavit,” Batu said when Sen. Bam Aquino asked whether the Ombudsman had requested individual affidavits from the former bodyguards.

She explained that not all members of the group could credibly make identical claims if only a few of them were allegedly present during specific events.

“Hindi puwedeng lahat sila iisa lang ang sinasabi kasi yung mga sinasabi nilang dinala nila, sila lang naman doon ang nandun na present so others hindi naman din present (They cannot all say the same thing because in the instances they claimed to have made deliveries, only some of them were present while others were not),” Batu said.

Aquino noted that the Ombudsman’s request demonstrated that the allegations were not being dismissed outright, but would instead be subjected to the proper legal process to determine their evidentiary value.

Batu said the case could move forward to a preliminary investigation if the witnesses submit individual affidavits that are complete and sufficient in both form and substance.

Should the submissions fall short of the requirements for a preliminary investigation, Batu said the Ombudsman may still refer the matter to its field investigation office for further fact-finding.

Meanwhile, National Bureau of Investigation Director Melvin Matibag disclosed that NBI investigators have also asked the former bodyguards to execute separate affidavits but were unable to secure their signatures.

“We can’t go to the legal route because of what they said. And when we brought them a statement, one by one, they refused to sign,” Matibag said.

He stressed that individual affidavits are necessary to establish each witness’ personal account rather than relying on a single collective narrative.

The discussion came as DOJ Prosecutor General Richard Fadullon reported that, as of June 5, a total of 14 flood control-related cases had been endorsed to the Department of Justice for preliminary investigation.

Fadullon said 13 of the cases have already been resolved and forwarded to the Ombudsman for approval, while one case remains under review and editing before final approval. He added that some cases have already been filed before the courts.

The prosecutor general also reported that P841.38 million in public funds had been recovered and deposited with the Land Bank of the Philippines, while seven individuals have been placed under the Department of Justice’s Witness Protection Program.