DOJ official: Discaya couple should return ill-gotten assets, if any, to state

Prosecutor General Richard Fadullon on Thursday maintained that contractors Curlee and Sarah Discaya should return any ill-gotten assets, if any, to the government.

“Parang napakaswerte naman yata noon. Tatanggapin mo na siya sa programa at hahayaan pa natin niyang gastusin ang kung ano mang perang nakuha nila,” Fadullon said in a press briefing.

(They would be really lucky then. They will be accepted to the program and they will be allowed to spend the money that they got however they want.)

“I think it is only right that the people get back whatever they can from those responsible and committing crimes,” he added.

Previously, the Discaya couple were considered “protected witnesses” under the Department of Justice (DOJ) Witness Protection Program. However, they eventually stopped cooperating with the DOJ.

Fadullon said the Discayas dropped names of personalities who were allegedly connected to anomalous flood control projects, but these were not supported by additional evidence.

“Ito yung sinasabi nila na magsasabi ng kabuuan or ‘yung tell-all. That is something which they promised but they never did comply with,” he said.

(They have been saying that they will reveal everything or a tell-all. That is something which they promised but they never did comply with.)

“Sa akin, huwag na nila gamitin ‘yung issue ng restitution. Kasi kung gusto nila magpa-evaluate, sabihin mo lahat ng gusto mong sabihin. Hindi you try to hide behind the investigations which are being conducted other than here in the department, pagkatapos hindi ka mag di-disclose,” Fadullon said.

(For me, they shouldn’t hide behind the issue of restitution. If they want to get evaluated, they should tell everything. They shouldn’t try to hide behind investigations which are being conducted other than by the department, and then they refuse to disclose.) 

On Tuesday, Sarah Discaya voluntarily surrendered to the National Bureau of Investigation (NBI) after President Ferdinand Marcos Jr. said the arrest warrant against her would be out this week in connection with a P96.5 million ghost flood control project in Davao Occidental. 

When asked if was too late for the Discaya couple to change their game plan regarding their application to the WPP, Fadullon remarked that it was not too late, but it was “very late already.”

“Like I said, we will not be chasing after them. We will not be – hindi namin sila liligawan. Kung gusto nila at mayroon silang gustong ibigay na impormasyon dito, gusto talaga nila makipag tulungan, makikinig kami,” Fadullon said.

(Like I said, we will not be chasing after them. We will not be – we will not court them. If they want to give us information, if they want to cooperate, we will listen.) 

In a separate press conference, Cornelio Samaniego III, the Discayas’ lawyer, maintained that only courts can order restitution.

“Eh, hindi naman talaga requirement na mag restitute ka. Korte lang talaga ang nagbibigay ng order kung magbabayad ka ng civil liability or mag restitute ka ng ganitong amount,” he said. 

(It’s not a requirement for applicants to restitute. Only the court can order you whether you will pay civil liability or restitute a certain amount.)

Previously, other lawyers said the return of illegally-obtained wealth by individuals applying for witness protection is provided under Section 5 of Republic Act 6981 or the Witness Protection, Security and Benefit Act that established the WPP.

Samaniego also maintained that the Discayas do not have ghost projects.

“Walang ghost project po ang mga Discaya (the Discayas do not have ghost projects),” he said.

When sought for comment, Ombudsman spokesperson Assistant Ombudsman Mico Clavano said this did not show good faith as well as an intent to keep the Filipinos’ money.

“If this is a challenge for us to work even harder in court, consider the challenge accepted. Ito’y tunay na para sa bayan,” he said in a message to GMA News Online. — JMA, GMA Integrated News