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Marcoleta questions DOJ over restitution rule for Discayas’ witness bid

Senator Rodante Marcoleta on Tuesday criticized the Department of Justice (DOJ) for requiring contractors Sarah and Curlee Discaya to return any allegedly ill-gotten wealth before being admitted to the Witness Protection Program (WPP).

During the Senate Committee on Finance’s hearing on the DOJ’s proposed ₱43.65-billion budget for 2026, Marcoleta said the restitution requirement “is not found in the law” and questioned why the DOJ is insisting on it.

“Kung ipipilit na merong restitution kahit wala sa batas, how can you process the application?” Marcoleta said, citing Section 10 of Republic Act No. 6981, or the Witness Protection, Security and Benefit Act, which he said contains no such condition.

DOJ Officer-in-Charge Fredderick Vida maintained that restitution is required, echoing the position of former Justice Secretary and now Ombudsman Jesus Crispin Remulla. Justice Undersecretary Jesse Andres added that the requirement aligns with Section 5(f) of the same law, which obliges witnesses to fulfill legal and civil obligations, including those under the Civil Code on unjust enrichment.

Marcoleta clarified he was not defending the Discayas but wanted to ensure accountability reached the “masterminds” behind the alleged corruption in flood control projects. “Kung gusto ninyong ang ma-identify puro butete at sapsap, bahala na kayo sa buhay ninyo,” he said.

The Discayas earlier named several lawmakers, staff, and Department of Public Works and Highways (DPWH) officials allegedly involved in corruption during a Senate Blue Ribbon Committee hearing. They have since withdrawn cooperation with the Independent Commission for Infrastructure’s probe, though the DOJ said it has yet to receive formal notice of withdrawal.

Staff Report

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