IBP chief: Law requires return of ill-gotten wealth by witnesses

Integrated Bar of the Philippines national president Allan Panolong on Wednesday said that the return of illegally-obtained wealth by individuals applying for witness protection is provided under the law.

In an interview on Super Radyo dzBB, Panolong cited Section 5 of Republic Act 6981, also known as the Witness Protection, Security and Benefit Act, which established the Department of Justice’s Witness Protection Program (WPP)

Section 5 states that before a person is provided protection under the Act, he shall first execute a memorandum of agreement which shall set his responsibilities, such as compliance with “legal obligations and civil judgments against him.”

“Kung makikita natin, no, ‘yung mga sinususpek na kasama dito sa scam na ito ay marami po sa kanila ay nagsisi-aminan na sila ay may partisipasyon doon sa kickback,” Panolong said, referring to the corruption involving anomalous flood control projects.

(What are the legal obligations? If we look at it, the suspects involved in this scam, many of them are already admitting that they had participated in the kickback.)

“In fact, meron pong allegations na kung sila ay talagang tumatanggap ng pera. So bilang sinseridad, no, para po ma-operationalize ‘yung kanilang pagiging… witness ay kailangan nila isaoli,” he added.

(In fact, there are allegations that they were indeed receiving money. So, as a sign of sincerity, to operationalize their being witnesses, they need to return it.)

Panolong stressed that this is an “obligation” under the law.

For his part, lawyer Joseph Noel Estrada, a managing partner of a law firm, said that legal obligations may cover any obligation that is not against the law while civil judgments are issued by courts.

“Itong legal obligation it can mean any condition that may be set by the Secretary of Justice before the applicant is admitted to the program,” he said in an interview with GMA News Online.

(This legal obligation can mean any condition that may be set by the Secretary of Justice before the applicant is admitted to the program.)

On Tuesday, Senator Rodante Marcoleta and Justice Secretary Jesus Crispin Remulla butted heads on WPP applicants being asked to return any ill-gotten funds to the state, with Marcoleta arguing that the law does not mandate the restitution.

Remulla said that asking this of applicants is a test of good faith, even if the law does not require it.

The DOJ has started evaluating contractors Sarah and Curlee Discaya and dismissed Bulacan first district engineer Henry Alcantara for the WPP. 

Unjust enrichment

Panolong also raised the principle of unjust enrichment.

He cited Article 22 of the Civil Code, which states that “every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him.”

He also cited Article 23, which reads: “Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant, the latter shall be liable for indemnity if through the act or event he was benefited.”

“So kung tumanggap ka po… ng isang benepisyo tulad ng pera na 'yun na hindi naman talaga siya karapat dapat tumanggap noon dahil proceeds of the crime nga 'yun eh. So kinakailangan po is ibalik niya po ‘yun,” Panalong said.

(So if you received a benefit such as that money, which you were not really entitled to because it is the proceeds of the crime, then it is necessary that you return it.)

Estrada, meanwhile, said that an individual should not be excused from both criminal liability and civil obligation.

“Syempre naman, before you admit someone, as a sign of good faith, isauli mo muna. Otherwise, baka naman you are just here to save yourself and unjustly profit, enrich yourself from your own illegal acts,” he said.

(Of course, before you admit someone, as a sign of good faith, you must first return it. Otherwise, you might just be here to save yourself and unjustly profit, enrich yourself from your own illegal acts.)

Separation of powers

Aside from this, Estrada said that, under the separation of powers, what the Justice Secretary thinks should be done should prevail.

“‘Yung WPP, the law itself already gives the power to the DOJ. In fact, the Secretary of Justice is the DOJ and the secretary is the alter ego of the President. So hindi din pwede… i-coerce or i-force or i-restrict ‘yung Secretary of Justice on how he will do his job,” he said.

(The WPP, the law itself already gives the power to the DOJ. In fact, the Secretary of Justice is the DOJ and the secretary is the alter ego of the President. So it’s also not allowed… to coerce or force or restrict the Secretary of Justice on how to do his job.)

He added that restricting the secretary would be a violation of the principle of the separation of powers.  

According to Estrada, those seeking to challenge the secretary’s opinion should elevate the matter to the courts.

Protected witness vs. state witness

Justice spokesperson Mico Clavano previously differentiated between a protected witness, an individual under the WPP, and a state witness, which has to be discharged by a trial court. 

“‘Yung protected witness po, ‘yun po ‘yung jurisdiction ng WPP. Kumbaga po, we will see kung may risk po sa kanilang buhay at kung worthy sila ng protection ng WPP,” Clavano said.

(The protected witness is the jurisdiction of the WPP. In other words, we will see if there is a risk to their life and if they are worthy of the protection of the WPP.)

“’Yung state witness po kasi, we will find that out later on in the case. Kapag meron na pong naka-file na kaso sa korte, we will have to move for the discharge of the witness to become a state witness. And that’s when the state immunity comes in,” he added

(The state witness, we will find that out later on in the case. When a case has already been filed in court, we will have to move for the discharge of the witness to become a state witness. And that’s when the state immunity comes in.) —AOL, GMA Integrated News