Metro Manila, Philippines – The Office of the Ombudsman on Tuesday, June 30, defended its planned plunder complaint against Sen. Rodante Marcoleta, saying the law does not limit plunder to public funds.
Assistant Ombudsman Mico Clavano said the complaint against Marcoleta may be the first plunder case anchored on alleged private funds, noting that while previous plunder cases have largely involved government money, the law also covers private funds when the elements of the offense are present.
“Pag binasa mo talaga ‘yung batas, nandiyan ‘yan… na kahit private funds puwede. It’s just that kadalasan ang nafa-file yung public funds,” said Clavano.
“Even private funds can comprise of the crime of plunder,” he added.
[Translation: If you read the law, it’s there that even private funds may be covered. It’s just that most plunder cases filed in the past have involved public funds. Even private funds can constitute the crime of plunder.]
Clavano said Marcoleta allegedly received ₱75 million in donations from private individuals but failed to declare them in either his Statement of Assets, Liabilities and Net Worth (SALN) or his Statement of Contributions and Expenditures (SOCE).
He explained that the plunder law covers a series or combination of corrupt acts, including the receipt of gifts, commissions, percentages, or kickbacks.
“Direct bribery coming from a private individual can also be considered corruption. So when there’s a series or combination of that, pwede rin siyang tawaging plunder,” he said.
[Translation: The definition of plunder also includes private funds. Direct bribery from a private individual may also be considered corruption. When there is a series or combination of such acts, it may also be considered plunder.]
Clavano also dismissed Marcoleta’s claim that the planned complaint was politically motivated, saying the evidence relied upon by investigators largely came from the senator’s public statements.
“When you read the case and you listen to the admissions and you listen to the interviews, you will see that the case is quite clear-cut,” he said.
