WHY MARCOLETA IS WRONG
Senator Marcoleta asserts that restitution (return of stolen money) can only come AFTER criminal liability is proven.
DOJ Secretary Remulla says restitution can come BEFORE or after (a criminal case).
Justice Carpio, Dean Mel Sta. Maria, and Atty. Howard Calleja have all said already what the legal basis for restitution is even though it is not found in the Witness Protection Program (WPP) Law explicitly - they cite Section 5 (d) of the WPP law in relation with the prohibition against unjust enrichment in the Civil Code.
But what isnβt popularly discussed or known yet is that RESTITUTION CANNOT COME AFTER if Marcoleta wants the Discayas to become state witnesses or admitted into the WPP.
This is because any witness admitted into the WPP is immune from criminal prosecution AND from any penalties or forfeiture arising from the criminal acts he will testify about under Section 14 of the WPP Law.
Ano ibig sabihin neto basically?
Kapag naging state witness or protected witness ang mga Discaya, hindi na sila pwede kasuhan at litisin - NO CRIMINAL CASE.
Eh di ba sabi ni Marcoleta, restitution can only come AFTER criminal liability is proven?
Pano mangyayari yun kung hindi na pwede kasuhan at litisin ang mga Discaya kung papayag si Remulla sa gusto ni Marcoleta na maging protected witness sila?
Kahit Rules of Court pa ang basehan under Rule 119 of the Rules of Court, kapag naging state witness ang isang tao eh he will be DISCHARGED as a state witness meaning hindi na siya isasama sa mga kakasuhan.
The Supreme Court has also stated that discharge of a state witness tantamounts to an acquittal - which means no criminal liability.
So Marcoleta is obviously putting the cart before the horse. And he is obviously trying to fool the Filipino people.
Kung kayo mga DDS eh willing na nagpapauto at nagpapaloko kay Marcoleta, wag kami.
Ibahin nyo kami na hindi DDS (which according to surveys is around 71% ang hindi DDS).
Ano nga sabi ni Jimmy Bondoc, all lawyers know that Remulla is wrong and Marcoleta is right?
All DDS lawyers, sure.
But any objective and impartial lawyer knows Marcoleta is wrong. Dead wrong.
Checkmate, mga ka-DDS.
Kahit ano pa gawin nyo, you will never be able to rebut this. Sasabog utak nyo kaka try.
#BoyingRemulla
#RodanteMarcoleta
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