The Department of Justice on Thursday said the voluntary surrender of contractor Sarah Discaya to the National Bureau of Investigation (NBI) recently could be considered a mitigating circumstance under the Revised Penal Code that may lead to a lower sentence in the event of a conviction.

This was revealed by Prosecutor General Richard Anthony Fadullon on Thursday.

Last Tuesday, Discaya, who faces charges of malversation and falsification of public documents over an alleged P96.5 million “ghost project” in Davao Occidental, turned herself in to the NBI ahead of the issuance of an arrest warrant against her.

Fadullon said that while he could not preempt the court’s final decision, her early surrender could affect every accused favorably.

“So for me nothing is wrong when she surrendered. Much earlier, she decided to do that, that would be something that can probably be considered as mitigating circumstance as far as her liability is concerned,” Fadullon said.

Under Philippine laws, voluntary surrender is one of the recognized means that a court may consider to reduce a penalty during the sentencing phase, as it demonstrates remorse and respect for the law, though it does not erase guilt.

Fadullon said the penalty is reduced “by degree,” depending on the original sentence.

“Usually that is degree. One degree lower depending on the sentence rendered,” Fadullon said.

Fadullon explained the mechanics of the mitigating circumstance: “There is what we call under the laws by which you can lessen the penalty in the event sentence is rendered. Because after the hearing, it’s time for the court to come up with a decision. The court will consider mitigating circumstances among them. For example, voluntary surrender, that’s something that will lessen the penalty..So yun yung magiging net effect.”

The DOJ official clarified that the circumstance applies even if the surrender occurs before an arrest warrant is formally issued by the court.

But Fadullon acknowledged that he doesn’t know Discaya’s motivation behind the surrender, as he noted that Discaya’s camp had previously raised issues about security.

“I don’t know what is their apprehension or this is just in anticipation of a possible or.probable warrant of arrest that may be issued by the court,” he said.

Discaya, in a statement, stressed that her surrender should not be construed as an admission of guilt, and maintained her intent to “face the charges against her through proper legal channels” and “participate in all proceedings with transparency.”