10/09/2025
Chairperson Luistro warns Discaya couple: Testimony makes you liable for plunder
BATANGAS 2nd District Rep. Gerville âJinky Bitricsâ Luistro has warned contractor Pacifico âCurleeâ Discaya II that his joint affidavit with his wife, Sarah, along with their congressional testimony on anomalous flood control projects, already amounts to an admission of plunder, a non-bailable offense punishable by life imprisonment.
During Tuesdayâs House Infra Comm hearing, Luistro confirmed with Discaya that he continues to attest to the truthfulness of their September 6 affidavit, which they presented before the Senate Blue Ribbon Committee.
The document, signed by the Discaya couple, identified lawmakers and Department of Public Works and Highways (DPWH) officials allegedly involved in kickbacks.
âMr. Discaya, significantly under the law, if it is 50 million [pesos] and below, the case is violation of Anti-Graft and Corrupt Practices Act. But if the case is more than 50 million [pesos], it constitutes violation of Anti-Plunder Law,â said Luistro, who chairs the House Committee on Justice.
She continued, âI want you to realize violation of Anti-Plunder Law is punishable by life imprisonment and it is a no bail offense, which means if information will be filed [before] the Sandiganbayan against you and your other co-accused, kayo pong mag-asawa and the rest of the co-accused ay makukulong at mapapahiwalay sa inyong mga anak. Do you realize that?â
Discaya at first insisted that all their projects were secured through public bidding, but when pressed by Luistro, he admitted that he understood the repercussions of his affidavit.
Luistro emphasized that by narrating how funds allegedly flowed through anomalous projects, Discaya effectively confessed to plunder.
âDo you understand as well that in this affidavit, Mr. Discaya, kayo poây umamin na? You already made an admission about the commission of the case of plunder with your affidavit,â she said.
Discaya denied it, saying: âKasi, Your Honor, ano po ito, pinilit lang po kami, Your Honor. Pinilit lang po.â
âThat is for you to prove,â Luistro replied. âBut in as far as this committee is concerned, including the members, when we go over your sinumpaang salaysay, to me it appears you are admitting already to the case of plunder. And the worst thing, Mr. Discaya, among the lawmakers and the DPWH officials whom you identified, all of them denied. Do you understand the implication of this?â
Asked why he signed the affidavit despite the consequences, Discaya said: âYour Honor, mas natatakot kami sa buhay namin ngayon dahil kinukuyog na kami ng taong bayan. Kaya po nag-execute kami ng affidavit na ito dahil 120 million Filipinos ang parang gusto kaming patayin ⌠kaya po napilitan po akong gawin ito.â
Luistro also rejected Discayaâs insinuation that he could unilaterally position himself as a state witness.
âBecoming a state witness is a decision that comes from the court and not from you. And there are requirements that we have to consider,â she said.
She explained that the Rules of Court require absolute necessity of testimony, corroboration, lack of other evidence, no previous conviction and that the witness not be the most guilty.
âAnd if you are not admitted as state witness, definitely then you will be one of the co-accused,â Luistro warned.
âAnd with your admission that you made already in the Senate and before this committee, I think the offense of plunder is already established,â she added.