DOJ's Fadullon says Sarah Discaya early surrender could reduce penalty

Prosecutor General Richard "Dong" Fadullon said Thursday the early surrender of contractor Sarah Discaya can be considered a mitigating circumstance that may lead to a reduced sentence, if she is found guilty.

"Sa akin, wala naman masama doon na sumuko siya nang mas maaga, pinangunahan na niya. That's something that will probably be considered as mitigating as far as liability is concerned," Fadullon said in a briefing.

(For me, there is nothing wrong with her early surrender. She took the initiative. That's something that will probably be considered as mitigating as far as liability is concerned.)

According to Fadullon, mitigating circumstances may lead to a reduced penalty. Fadullon heads the National Prosecution Service of the Department of Justice (DOJ).

"The court will consider mitigating circumstances, among them, for example, voluntary surrender… That's something that will lessen the penalty. So 'yun ang magiging net effect," he said.

(The court will consider mitigating circumstances, among them, for example, voluntary surrender… That's something that will lessen the penalty. So that will be the net effect.)

Fadullon said the penalty is reduced by degrees depending on the sentence.

On Tuesday, Discaya voluntarily surrendered to the National Bureau of Investigation after President Ferdinand "Bongbong" Marcos Jr. said an arrest warrant is set to be issued against her this week. Her lawyer, meanwhile, had said her surrender was a "strategic legal move" and not an admission of any wrongdoing.

According to the prosecutor general, the mitigating circumstance still applies even if the warrant is not yet issued. 

The Ombudsman has filed malversation and corruption charges against Discaya and others over a P96.5-million ghost flood control project in the province in Davao Occidental.

In a separate press briefing, Discaya's legal counsel, Atty. Cornelio Samaniego III, said this would be up to the court.

"Ang magde-decide diyan 'yung korte. Pero as a lawyer, personal opinion ko, mitigating 'yan," he said.

(The court will decide on that. But, as a lawyer, in my personal opinion, that's a mitigating circumstance.) — VDV, GMA Integrated News