Marcoleta, Remulla debate on witnesses' return of ill-gotten funds

Senator Rodante Marcoleta on Tuesday insisted that the law does not mandate witness applicants to return ill-gotten funds, if any, to the state, but Justice Secretary Jesus Crispin Remulla said this should be done in good faith.

During the resumption of Senate Blue Ribbon Committee hearing on flood control projects, Remulla said that asking Witness Protection Program (WPP) applicants for restitution, or the return ill-gotten funds, is a test of good faith, even if the law does not require it.

"Ang pagbabalik ng pera, 'yan po ay inuutos ng korte. Pero para makita po natin ang good faith ng isang testigo, isang tanong po 'yan na binibigay natin sa kanila. Kasi kung gusto po nila maprotektahan dapat, 'yung full good faith, isasauli talaga nila," Remulla said.

(The return of the money is something ordered by the court. But for us to see the good faith of a witness, that's one question we ask them. Because if they really want to be protected, then with full good faith, they should truly return it.)

"'Yun po 'yung isang test natin. Wala po 'yan sa patakaran, pero it's a test po kung reliable po 'yung witness or hindi," he added.

(That's one of our tests. It's not in the rules, but it's a test to see whether the witness is reliable or not.)

Following this, during his questioning, Marcoleta said that he and Remulla settled that restitution is not a requisite for a WPP applicant.

"There is a process. In the process, restitution is not one of the requisites," Marcoleta said.

Remulla said that though it's not in the law, it is still morally right.

The senator then asked if Remulla is amending the provision of the law.

Remulla denied this.

Marcoleta argued that restitution comes "after."

"Papaano mo sasabihin na magre-restitute ang isang tao? Mayroon na bang findings kung magkano ire-restitute? On how it can be restituted? Nag-a-apply pa lang eh," the senator said.

(How can you say that a person will restitute? Has there already been findings on how much should be restituted? On how it can be restituted? They're just applying.)

Remulla said he respects Marcoleta's opinion but added that restitution can come before and after.

"We're operating on a unique set of facts and all of these matters are being evaluated because the gravity of this financial crime cannot be underestimated. The more assets that we are able to preserve at the outset, the better for our country," he said.

Not an 'opinion'

Marcoleta, however, said that he is not "expressing an opinion."

"I am articulating a provision of law. You do not change a provision of law. You may be disbarred for doing this," Marcoleta said.

In response, the Justice Secretary said this is Marcoleta's option.  

Under the Rules of Criminal Procedure, to become a state witness, a court must discharge an accused, effectively acquitting them. 

READ: What does it take to be a state witness?

Meanwhile, under the Witness Protection Program, an individual becomes a protected witness.

Remulla said the government can choose not to file charges against a witness.

Brice's return of assets

For his part, Senator Francis "Kiko" Pangilinan said that no law prevents possible witnesses from returning any ill-gotten assets in good faith.

Pangilinan said former Bulacan 1st district assistant engineer Brice Hernandez has already surrendered some of his assets to the Independent Commission on Infrastructure (ICI).

"So, therefore, 'you know this restitution issue, while it is the law, [it] does not prevent the government from being broader, mas malawak 'yung kanyang 'pag implementa ng mga programa at mga batas, lalo na kapag voluntary ang pagbigay," he said.

(So, therefore, you know this restitution issue, while it is the law, it does not prevent the government from being broader, wider in its implementation of programs and laws, especially when the return is voluntary.)

Senator Erwin Tulfo also expressed support for the return of ill-gotten assets.

"Wala ho tayong pakialaam sa batas na 'yan. Sometimes, you have to bend the law to be able to please the people. Mas mataas po ang taong bayan sa batas (The people's will is higher than the law)," he said.

Remulla brought former Bulacan first district engineer Henry Alcantara to the Department of Justice to evaluate his testimony. They will return to the Senate committee early Tuesday afternoon. — VDV, GMA Integrated News