The Office of the Ombudsman has left open the possibility of digging deeper into the allegations of the alleged former bodyguards of fugitive lawmaker Zaldy Co in the flood control controversy.

Lawyer Karen Batu of the Office of the Ombudsman, however, said their claims must be supported by individual affidavits detailing each witness’ personal knowledge.

During Monday’s Senate Blue Ribbon Committee consultative meeting, Batu said the joint affidavit submitted by the group was not enough to immediately move the allegations into the formal investigative process.

She said the Ombudsman required the group’s lawyer to submit individual sworn statements because the joint affidavit did not clearly indicate what each of them personally knew or witnessed.

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

She said not all members of the group could make the same claims if only some of them were allegedly present during specific incidents.

“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 said the Ombudsman’s move showed the allegations made by the group were not being ignored, although they need to go through proper procedure to determine whether they had evidentiary value.

Batu said that if the former bodyguards submit individual affidavits sufficient in form and substance, the matter may proceed to preliminary investigation.

“If it’s sufficient in form and substance, if it’s in the form of a complete affidavit, and it’s sufficient in form and substance, puwede po siyang mag-undergo ng preliminary investigation (it can undergo preliminary investigation),” she said.

If the submissions remain insufficient for preliminary investigation, Batu said the Ombudsman may refer the matter to its field investigation office for fact-finding.

National Bureau of Investigation Director Melvin Matibag said investigators also asked the former bodyguards to give separate statements, but they refused to sign.

“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.

Matibag said separate affidavits are needed to establish each witness’ personal recollection instead of relying on a collective narrative.

DOJ Prosecutor General Richard Fadullon earlier told the committee that 14 flood control-related cases had been endorsed to the Department of Justice for preliminary investigation as of June 5.

Of the 14 cases, Fadullon said 13 had been resolved and endorsed to the Ombudsman for approval, while the remaining case was still being edited prior to review and final approval.

He said some cases had already been filed before the appropriate courts.

Fadullon also reported that PHP841.38 million in public funds had been recovered and turned over to the Land Bank of the Philippines, while seven individuals are currently under the DOJ’s Witness Protection Program. (PNA)