Returning allegedly misused public funds will not automatically affect the outcome of the criminal complaints against former Ako Bicol Party-list Representative Zaldy Co, the Department of Justice (DOJ) said Friday. 

Prosecutor General Richard Fadullon, in a press briefing, clarified that restitution is not explicitly required or guaranteed to benefit an accused under existing laws.

“Restitution is not something which is inherently in the law. It’s not specifically provided,” Fadullon said when asked whether restitution, including proposals to return as much as P57 billion as earlier floated by Interior Secretary Jonvic Remulla, could influence the ongoing complaints against Co.

Fadullon added, however, that returning funds could be considered as a sign of remorse or willingness to cooperate with authorities, but stressed that it is not a precondition or automatic ground for leniency.

“Kung may intention at may remorse o pagsisisi, that is something that can be considered. But it is not a precondition for one’s admission into the program,” he said.

Fadullon explained that any cooperation from Co, such as applying for admission to the government’s Witness Protection Program, would be evaluated based on the substance and value of his testimony rather than the amount of money returned.

“We have to determine more than whatever amounts they will return, e yung sasabihin ba nila is material dun sa kaso. Meron ba silang sasabihin na hindi pa namin nalalaman na makakatulong para yung mga tao na involved talaga, or sangkot, ay ma-convict o madiin sila lalo,” he said.

He noted that restitution could be discussed during negotiations for a possible memorandum of agreement, but only if the former lawmaker decides to engage with the government. Co’s camp has already denied any intention to negotiate.

“So there’s really not much to discuss until such time that they change their mind and decide to sit down and talk with government,” Fadullon said.

Meanwhile, Martinez confirmed that the plunder complaint against Co has been formally submitted for resolution.

In the same press briefing, Justice spokesperson Atty. Polo Martinez confirmed that the plunder case against Co has already been submitted for resolution.

“As for the plunder case against former Representative Zaldy Co, the DOJ reports that it is now submitted for resolution,” Martinez said.

Aside from plunder, Co also faces allegations of violating the Anti-Graft and Corrupt Practices Act and the Code of Conduct and Ethical Standards for Public Officials and Employees.

The former lawmaker has yet to return to the country after traveling abroad in 2025 for medical reasons. He is also facing separate malversation and graft complaints linked to the alleged P289-million substandard road dike project in Oriental Mindoro.