The Department of Justice (DOJ) maintained its position that individuals seeking to become state witnesses in the flood control scandal must first commit to returning the misappropriated public funds.

Justice Undersecretary Jesse Hermogenes T. Andres, head of the DOJ Law Enforcement Cluster, reiterated that restitution of stolen government funds is a non-negotiable legal obligation required under the Witness Protection, Security and Benefit Act (Republic Act 6981).

“Section 5(d) of R.A. 6981 requires that an applicant for state witness must comply with his legal obligations under the law,” Andres said.

He emphasized that anyone who has misappropriated government funds is legally obliged “to return the same.”

“It cannot be denied that restitution of stolen government funds is an integral part of justice,” he added.

Andres warned that without this commitment, “the prosecution of those involved in the flood control anomaly will be rendered useless if they do not return what they stole from the public treasury.”

He clarified that while the DOJ will process applicants as covered witnesses to ensure their immediate protection and continued cooperation, their final receipt of benefits and consideration as state witnesses remain conditional.

He said this will depend on “the totality of the evidence that they will provide together with their commitment to return the stolen funds as agreed upon in the Memorandum of Agreement to be executed.”