The declaration made by Independent Commission for Infrastructure (ICI) Chair Justice Andres Reyes, Jr. that the government’s goal must be restitution, and not merely the punishment of those involved in graft and corruption, reframes the concept of justice. It sends an emphatic signal. Not only must wrongdoers be punished; the people’s money must be recovered.

Lamenting that the stolen funds could have built schools, hospitals and roads, he declared: “All those persons responsible for this may be prosecuted and jailed. But to completely heal our nation, justice is not enough. We need restitution.” Considering the sheer magnitude of the plunder that has taken place, simply imposing jail time could not be equated with justice.

The emphasis on restitution transcends semantics. It mirrors a more restorative philosophy of governance. Corruption is theft and the measure of accountability should not stop with conviction. Unless the stolen wealth is recovered and redeployed for public good, the ends of justice are not served.

The ICI’s asset recovery strategy involves a whole-of-government approach. It involves 18 agencies, among which are the Department of Justice (DOJ) , the Anti-Money Laundering Council (ALMC), the Bureau of Internal Revenue (BIR), the Commission on Audit (COA), the Bureau of Customs, and the DPWH.

For starters, the AMLC has already frozen a total of ₱4.67 billion in suspected assets linked to the anomalies. The ICI has created a technical working group to track, seize and recover public funds.

Coordination is the core principle that underpins the ICI’s approach. Corruption networks thrive in the gaps between agencies; coordination closes those gaps. Unified intelligence data can now be cross-matched from COA audits, BIR tax filings, AMLC bank records, and DPWH procurement documents to determine the scope of illicit wealth acquisition.

Multiple enforcement tracks can be pursued. Asset recovery can proceed through civil forfeiture and administrative remedies even before criminal conviction, thereby reducing the possibility of suspects hiding or dissipating assets. Deterrence is enhanced when perpetrators face not only jail time but massive financial losses, thereby blunting the corruption incentive.

Extrajudicially, the government can blacklist erring contractors, suspend licenses, and disqualify firms tied to ghost projects; pursue civil action against project guarantors and insurers; and use the AMLC’s freezing powers to prevent the transfer of assets. Plea-bargaining that reduces penalties will increase the likelihood of full cooperation and repayment, but safeguards must be put in place to avoid perceptions of favoritism.

Legal experts opine that the ICC must tread carefully. Cognizant of its limited powers, it must seek the support of the Office of the Ombudsman (OMB) and the DOJ to augment its enforcement capabilities. Asset tracing could be a challenging quest, with funds often hidden in layers of shell companies and overseas accounts. The ₱4.67 billion in frozen assets represents the proverbial tip of the iceberg; hence, the capacity for asset recovery must be enhanced.

In sum, restitution must be accompanied by systemic reform that includes transparent procurement, independent inspection, and citizen oversight so that the government could demonstrate anew that it has earned and deserved public trust.

The government’s new mantra must be clear and uncompromising. No one merely goes to jail. The people’s money must be returned. Only then can the nation recover its sense of honor and the people’s faith in their government be restored.