Tell it to SunStar: Restitution makes sense

Tell it to SunStar: Restitution makes sense
Tell it to SunStar
Published on

By Herman M. Lagon

There are hearings you watch because something in you whispers, “This one matters.” The Senate exchange on the Discayas’ bid to become state witnesses, particularly the debate over returning ill-gotten funds, was exactly that. The plain question echoing among teachers, counselors, and ordinary citizens watching the feed was simple: If the money was not theirs, why not return it? You do not need a law degree to understand that instinct. When public funds vanish into ghost flood-control projects and overpriced materials, people expect the stolen to be restored.

Yet, one senator’s insistence that returning billions is unnecessary felt less like a legal view and more like someone blocking a door. Many of us are tired of legal gymnastics that ignore basic decency. While Senator Rodante Marcoleta is technically correct that Republic Act (RA) 6981, or the Witness Protection Act, does not explicitly list restitution, Justice Antonio Carpio reminded the public that the law does require compliance with “legal obligations” — and returning unlawfully obtained government funds is exactly that. For educators, this is the difference between meeting minimum requirements and demonstrating integrity that goes beyond the bare minimum. The stakes here involve flood-prone barangays where public money is the difference between safety and a lost week of learning.

What unsettled many viewers was the tone. Instead of framing restitution as a sign of good faith, the opposition senator pushed back as if the idea was an insult. Secretary Jesus Remulla and Prosecutor General Richard Fadullon, who calmly framed restitution as both moral and practical, were interrupted and framed as unreasonable. The contrast became stark when Senator Erwin Tulfo, referring to RA 6981, asked the central question: Is it unreasonable to expect someone who claims remorse to return money that was never theirs? Fadullon replied instantly: “It is definitely not unreasonable.” To many viewers, that brief, steady exchange felt like a breath of sanity, aligning the law with the people it protects.

The intensity of the senator’s defense did not go unnoticed. It made some people wonder whether some form of assurance might have existed, at least in their perception, even if no actual deal took place. When the Senate leadership changed—and Marcoleta was removed as Blue Ribbon chair—the earlier confidence of the Discayas evaporated. Their quiet panic suggested they suddenly realized the person they were counting on no longer had the power to open the promised door.

Restitution, after all, is not about money alone; it is about credibility. In restorative justice, returning what was taken is often the first sign that someone understands the harm done. The same simple value applies whether a child breaks a plant or a politician steals billions. Teachers watching the hearing saw arguments that sounded like polished versions of student excuses: demanding credit without accountability. The concern is not simply that the Discayas might escape consequences, but that someone in high office seemed determined to help them do it.

This case exists within a wider corruption landscape where several whistleblowers have already named politicians and contractors. The Discayas are not the only ones who know how the system works. Their refusal to cooperate once the political winds shifted suggests their value as witnesses may have depended less on conscience and more on political negotiation. A witness who seeks immunity without surrendering ill-gotten gains reinforces the belief that justice can be bargained for, which only deepens the public cynicism that fuels corruption.

The pattern feels heavy and familiar. Teachers teach integrity and parents emphasize that apologies require amends, but in our political culture, powerful exceptions have become routine. The public has seen too many instances where returning what was stolen becomes optional for the politically connected. Sociologists warn that justice becomes hollow when people treat it as a set of loopholes rather than a reflection of character.

Yet, one Pinoy habit remains steady: sincerity must come with action. The principle does not require religious framing; it is simple human work. When a lawmaker reacts harshly to what most people see as the obvious moral step, it becomes natural for the public to ask why.

In the end, the real question is not legal — it is reasonable. Should someone who benefited from alleged wrongdoing return what was not theirs before asking the government for protection? To most of us, the answer is plain: yes. Restitution is not a punishment; it is a sign of integrity. It tells the public that the witness is cooperating as a partner in finding the truth. If that gesture is too much for the applicants — or too offensive for a senator to endorse — then the problem lies not in RA 6981 but in a political culture that has grown comfortable defending the indefensible.

Theatrics disguised as legal reasoning have worn thin. What the public wants is sincerity — the kind that returns what is not theirs before asking for immunity or trust. The hearings will fade, but the principle will not: good faith is something you show. When billions meant for flooded communities hang in the balance, the least our leaders can do is stop treating restitution as an unreasonable request. The law may permit many things, but character draws the line.

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