Prosecutor General Richard Fadullon said the government has no legal authority to stop former DPWH officials, contractors, or lawmakers linked to the alleged flood control fund scheme from leaving the country unless cases are formally filed in court.
Fadullon made the clarification after Senator Erwin Tulfo questioned how authorities could prevent key figures from flying abroad while the Senate Blue Ribbon Committee continues its investigation. Tulfo noted public frustration after reports that several individuals tagged in the scheme had already left the country.
Fadullon explained that the DOJ’s lookout bulletin cannot stop anyone from traveling because it only alerts immigration officers and has no legal force. “There is no legal impediment for them to leave because it would be violative of their constitutional right,” he said.
He added that passport cancellation is possible only after cases are filed and only through a court order. With limited options available, Fadullon said the only solution is to expedite the filing of charges. Once warrants are issued, authorities can then seek passport cancellation.
He said five cases related to flood control and ghost projects are under preliminary investigation, with resolutions expected by early to mid-December. More cases are under review by the DOJ and the Office of the Ombudsman.
Tulfo also raised concerns about missing witnesses, including whistleblower Orly Guteza, who earlier claimed he delivered suitcases of money to former lawmakers Zaldy Co and Martin Romualdez. Fadullon clarified that Guteza never applied for the Witness Protection Program and that the DOJ has had “no interaction” with him since his Senate testimony on September 25.
The Blue Ribbon Committee, chaired by Senator Panfilo Lacson, said Guteza’s affidavit will remain part of the official record once the committee submits its report.
