Justice tells BJMP to stop changing testimony on Romualdez aide inside jail

MANILA — A Sandiganbayan justice reprimanded a Bureau of Jail Management and Penology (BJMP) warden over inconsistencies in her testimony on the access granted to former House Speaker Martin Romualdez’s personal assistant at the Quezon City Jail in Payatas.

During the Third Division’s bail hearing on Romualdez’s plunder case over the alleged flood control kickback scheme, Jail Supt. Maria Lourdes Pacion admitted that Arvin de Guzman, Romualdez’s personal assistant, was also allowed to set up the congressman’s CPAP machine at night.

However, Associate Justice Karl Miranda pointed out that this contradicted Pacion’s earlier testimony that De Guzman was only allowed inside the facility during visiting hours, from 8 a.m. to 5 p.m.

“As per record umuuwi siya ng 5 p.m., may time na nag-exceed lang siya,” Pacion said.

“So you’re changing your answer again? … If the congressman sleeps at 5:00, then I would understand what you’re saying. But you said you did not know what time he sleeps,” Miranda said.

“You’re here to tell us the truth. Stop changing the story. Just stick to one, kung ano yung totoo,” he added.

Pacion said she allowed De Guzman to assist with the CPAP machine because Romualdez was not mentally stable and required continued medical care. She said this included regular blood pressure monitoring, uninterrupted access to and compliance with his prescribed medications, and consistent nightly use of his CPAP machine.

However, Miranda questioned why the jail had to rely on Romualdez’s personal assistant instead of its own personnel to attend to his needs.

“You think walang depression ang big number doon [na detainees]? Even if his (Romualdez) mental state is not stable, then you get your personnel to assist him. Huwag mong sasabihin, kulang kayo,” Miranda said.

“It’s bad for the BJMP because ang tingin ng tao may special consideration… hindi pantay ang trato. And it’s bad for you,” he added.

The court ordered Pacion to return to the witness stand following its earlier ocular inspection of the detention facility, which found that more than half of the jail’s CCTV cameras were not operational and no functioning cameras covered the area where Romualdez’s cell was located.

Miranda asked Pacion what assurance she could give the court that Romualdez had not left the facility, given the numerous blind spots in its surveillance system.

Pacion said she was certain he had not left because of the jail’s custodial protocols, which require personnel to account for detainees three times a day.

“May custodial protocol na magbibilang ng PDL during 7 a.m., 3 p.m., 11 p.m. Merong blood pressure monitoring ng ating nurses na 8 a.m. tsaka 6 p.m.,” Pacion said.

“I really have my doubts that what you said is 100% accurate… but I will stress that I’m not saying the congressman left the premises. The issue is what you’re saying,” Miranda replied.

Pacion said she had sought assistance from the Quezon City local government to install additional CCTV cameras. She also said she had sent requests to the BJMP regional director and the jail chief superintendent but had yet to receive a response.

However, Miranda said the jail should not rely solely on the city government to address its surveillance deficiencies.

“Di pwedeng sa QC [government] aasa, dapat ilagay sa budget. Isulat niyo, ipadala niyo,” he said.

During the hearing, Pacion presented CCTV snapshots showing Romualdez and De Guzman during sunning exercises. These include snapshots on Oct. 21, 27 and 28, as well as Nov. 2.

Miranda then questioned an earlier statement by Pacion that visitors were not allowed inside the facility on Mondays, pointing out that one of the submitted CCTV images was dated Nov. 2, which fell on a Monday.

“‘Yan ang sinabi ko na human consideration na it’s preventive, parang temporary measures,” she replied.

“Do not insult the intelligence [of the court]. Give a reason that is believable,” Miranda said.