DoJ says plunder cases not limited to public funds

THE Department of Justice (DoJ) on Monday said plunder cases are not limited to acts involving public funds, as it explained key legal concepts surrounding the anti-corruption law during a public legal education briefing.

Justice Undersecretary Ian Norman E. Dato said plunder, which he described as “the gravest of our anti-corruption laws,” applies when a public officer amasses at least P50 million in ill-gotten wealth through a series or combination of acts defined under the law.

He added that private individuals who participate in the scheme may also be charged as co-conspirators, provided the wealth is linked to the public officer’s official position.

The briefing came hours after Senator Rodante D. Marcoleta, former Quezon City Rep. Michael “Mike” T. Defensor, and businessman Joseph V. Espiritu were arrested in connection with plunder charges filed by the Office of the Ombudsman before the Sandiganbayan on July 3. Their co-accused, businessman Aristotle B. Viray, remained at large.

Justice Undersecretary Nicholas Felix L. Ty clarified that the DoJ had no role in investigating or filing the case.

“The DoJ was never involved in this case. Nor will we be prosecuting it,” Mr. Ty said in mixed English and Filipino. “Our objective here is simply to promote public awareness and understanding of this issue, given its relevance to the country.”

Asked about the pace of the proceedings, Mr. Ty said it was up to the courts to determine how long it takes to assess probable cause and issue warrants of arrest.

He also rejected the notion that the court had acted either too quickly or too slowly.

“There is no such thing as the court acting too quickly or too slowly in determining probable cause and issuing a warrant of arrest,” he said in Filipino.

Mr. Dato stressed that a finding of probable cause is not proof of guilt but merely determines whether a criminal case should proceed to trial. He added that all accused persons remain entitled to due process, legal counsel, and the presumption of innocence until proven guilty by the court. — Mark Joseph M. Sanchez