Returning allegedly misused public funds will not automatically affect the outcome of the criminal complaints against former Ako Bicol Partylist 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.

Not a requirement

“If there is intention and there is remorse or repentance, 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; the question is whether what they will say is material to the case. Do they have anything to reveal that we do not yet know — something that could help ensure that those truly involved or implicated can be convicted or held more accountable?” 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 the government,” Fadullon said.

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

In the same press briefing, 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.