Ill-gotten Wealth Not Limited to Public Funds, Retired Justice Says

A retired presiding justice of the Sandiganbayan, Amparo Cabotaje-Tang, testified that ill-gotten wealth amassed by public officials is not limited to public funds. She explained that if illegally accumulated assets exceed the threshold of P50 million (approximately $850,000 USD), it can constitute "plunder" even if the funds are private, such as through bribery. Responding to a senator-judge's interjection, Ms. Tang affirmed that ill-gotten wealth can originate from private sources, including bribes from other individuals, not solely from government coffers. Her testimony was part of the impeachment proceedings against Vice President Sara Duterte-Carpio, focusing on public accountability. During direct examination, Ms. Tang highlighted that an official's wealth becomes questionable when there is a significant disproportion between their acquired assets and their income. She stated that investigators can identify unexplained wealth by examining the official's Statement of Assets, Liabilities, and Net Worth (SALN), lifestyle, and income tax returns. She emphasized that SALN is a notarized document crucial for accountability, requiring prudence and attention to detail. Furthermore, she clarified that while acquiring assets manifestly disproportionate to one's income serves as prima facie evidence, an official can be absolved from the presumption of guilt if they can lawfully explain the acquisition. The presumption of illegal property acquisition applies if the respondent is in public office, the properties were acquired during incumbency, and they are grossly disproportionate to lawful income. Ms. Tang also noted that properties registered under the names of a public official's spouse and children can be considered in determining unlawful acquisition. She further explained that an official's "indirect" participation can manifest as beneficial ownership, meaning the individual who truly owns or holds an interest in a property or corporation, even if another person's name appears on legal documents, can be held accountable. This testimony offers significant insights into the legal framework for combating corruption and ensuring asset transparency among public officials in the Philippines. Continued oversight and enhanced accountability in asset management are crucial for maintaining public trust. Source: BusinessWorld Nation