Plunder recommendation vs. ex-DPWH Usec. Cabral after death

Metro Manila, Philippines – The Department of Justice recommended plunder charges against former Public Works Undersecretary Maria Catalina Cabral, but her death extinguishes possible criminal liability, leaving the government to pursue only the forfeiture of potential ill-gotten wealth. 

Prosecutor General Richard Fadullon confirmed in a text message to NewsWatch Plus that the plunder case against Cabral was referred to the Office of the Ombudsman on Friday, Dec. 19. 

“Yes, for plunder. The referral was scheduled really for today with the Ombudsman. It just coincided with the death of Usec. Cabral,” Fadullon said.

Cabral was found unconscious near the Bued River below Kennon Road in Tuba, Benguet on Thursday night, and was later pronounced dead. 

In a press conference, Fadullon said the case involves anomalous flood control projects in Bulacan, with some proponents or lawmakers also recommended for charges.

When asked what the DOJ found in its initial probe that warranted the referral, Justice Secretary Fredderick Vida said details could only be disclosed once the ombudsman finishes its evaluation and the DOJ is deputized to conduct a preliminary investigation.

“Considering that death extinguishes criminal liability, there might not be — no other reason also to bring it out because if at all, titingan natin kung papano pa natin mapapatunayan,” he said.

“Mapatunayan man natin, wala na yung taong nasasakdal [Even if we could prove it, the accused is no longer alive],” he added.  

While Cabral’s death ends any criminal case, justice officials said the government can still pursue the forfeiture of ill-gotten wealth.

“Kaya patuloy pa rin yung paghahabol ng pamahalaan [So the government will continue to pursue this],” Vida said. 

“The civil forfeiture will proceed independently with a case to be filed by AMLC [Anti-Money Laundering Council],” Fadullon added. 

Cabral faced congressional hearings after Senate President Pro Tempore Panfilo “Ping” Lacson revealed that she allegedly offered Senate President Vicente “Tito” Sotto III budget insertions for the 2026 national budget, which Cabral denied. Fellow former undersecretary Roberto Bernardo, however, claimed she facilitated these budget insertions and “allocables” for officials’ favored projects, with provisions for kickbacks.

Independent Commission for Infrastructure chair Andres Reyes said the body had invited Cabral for questioning on Dec. 15, but she did not show up.

Cabral faces Ombudsman

In a separate press briefing, Assistant Ombudsman Mico Clavano said Cabral had appeared before the Office of the Ombudsman on Dec. 3, two weeks before her demise. 

Clavano said Cabral had preliminary talks with investigators, where possible charges against her were discussed. 

“She was being guided also by her lawyers not to give too much information at this point when she was invited for questioning or inquiry,” he said.

“So it would have been a process that we had to follow para po mas maging komportable siya to share and for her to express her cooperation in such a way na magagamit din namin ang mga ebidensya laban sa mga tao na meron siyang impormasyon,” Clavano added.

[Translation: So it would have been a process that we had to follow so that she would feel more comfortable sharing, and for her to express her cooperation in a way that would also allow us to use the evidence against the people about whom she has information.]

Clavano said the ombudsman’s office was ready to offer personal protection for Cabral because of the gravity of information she could provide.   

He added that it was only a matter of time for the ombudsman to file the appropriate charges against the former DPWH official, including criminal liability.

NewsWatch Plus correspondent Lance Mejico contributed to this report.