DOJ: Plunder cases can involve private funds, not just public money

MANILA, Philippines — Funds involved in a plunder case do not have to be public funds for prosecutors to pursue a case against a public officer, the Department of Justice said Monday, July 6. The DOJ made the comment after the arrest of Sen. Rodante Marcoleta in connection with an alleged plunder case involving an undeclared P75 million campaign donation from former congressman Mike Defensor and businessmen Joseph Espiritu and Aristotle Viray during the 2025 midterm elections. Justice Undersecretary Nicholas Felix Ty cited the Anti-Plunder Law's definition of ill-gotten wealth, saying there are six instances that may be considered "ill-gotten." These include the direct or indirect receipt of "any form of pecuniary benefits from any person in connection with any government contract or project or by reason of the office or position of the public officer," Ty said. "From a plain reading of the law, hindi kailangan na public funds ang subject funds for a prosecution on plunder," Ty said in a press briefing Monday. (From a plain reading of the law, the subject funds do not have to be public funds for a plunder prosecution.) Ty also urged the public and the media to read Republic Act No. 7080, or the Anti-Plunder Law, which he described as a short measure that uses "very simple language." The DOJ also stressed laws that prohibit public officials and private individuals from giving or receiving gifts and commissions. Justice Undersecretary Ian Norman Dato said plunder law also covers gifts, commissions and other benefits received by public officials by reason of their office under Presidential Decree 46. He said related anti-graft rules may hold both the giver and receiver liable, depending on the transaction. "This is a 1972 anti-graft measure still very much in force... Liability runs both ways, the giver and the receiver. Each separate transaction may be charged as a separate count," Dato said. Citing Article 211 of the Revised Penal Code, Dato said liability may arise even without a deal for a specific favor, as long as a public officer accepts a gift because of the office he holds. "The elements are simple. First, the offender is a public officer. Number two, he accepts a gift. And number three, the gift is given because of his office, not for any one identifiable favor," Dato said. Marcoleta denies accusations. As of Monday, Marcoleta, Defensor and Espiritu were in the custody of authorities and were set to be detained at Payatas City Jail. Marcoleta has denied the accusations, alleging that the charges were meant to silence him and prevent him from exposing personalities linked to flood control corruption.