Why file plunder charges against Senator Rodante Marcoleta if the alleged P75 million came from private donors instead of public funds?

The question has been repeatedly raised by netizens in the comment sections of news reports following the Ombudsman’s announcement that it was preparing to file a plunder complaint against the senator.

The Office of the Ombudsman (OMB), however, maintained that its planned plunder complaint does not hinge on whether the alleged P75 million came from public funds, saying the Plunder Law also covers certain acts involving private money.

Assistant Ombudsman Jose Dominic “Mico” Clavano IV said Republic Act No. 7080, or the Plunder Law, defines plunder as a “series or combination of acts” through which a public official amasses, acquires, or accumulates ill-gotten wealth amounting to at least P50 million.

“When you talk about plunder, it’s a series or combination of acts where someone is able to amass, acquire, and accumulate ill-gotten wealth, to the amount of at least P50 million,” Clavano said during a press briefing on Tuesday, June 30.

He stressed that the Plunder Law expressly includes predicate acts involving gifts or other benefits that may come from private sources.

“At yung tanong niyo na public funds, doon sa RA 7080 sa Plunder Law, there are acts there that could comprise of a series or combination of acts that could comprise of plunder. And number two there is receiving directly or indirectly any gift, commission, percentage, kickback. Alangan naman po ’yung gift ay galing din po sa public funds, so ang definition po ng plunder also includes private funds (As to your question about public funds, Republic Act No. 7080 identifies acts which, when committed in a series or combination, may constitute plunder. One of these is receiving, directly or indirectly, any gift, commission, percentage, or kickback. A gift would not ordinarily come from public funds, so the definition of plunder also includes private funds),” he said.

As such, he said the OMB’s theory also rests on allegations that Marcoleta received P75 million through three separate transactions- - -an amount that exceeds the Plunder Law’s P50-million threshold.

“P50 million, umabot po ng P75 million ang kabuuan ng supposedly donations sa kanya. Series or combinations. Tatlong transaksyon po iyon na nagbigay, at admitado naman po ang mga donors na nagbigay sila. And from the own admissions as well of Senator Marcoleta, tinanggap niya ’yung P75 million. Ngunit, hindi po niya na-deklara sa SALN, neither sa kanyang SOCE (The threshold is P50 million, but the alleged donations reached P75 million. It involved a series or combination of acts. There were three transactions involving donors, and the donors themselves admitted giving the money. Based on Senator Marcoleta’s own admissions, he also acknowledged receiving the P75 million. However, he did not declare it in either his SALN or his SOCE),” he pointed out.

Clavano noted that, as a general rule, public officials, including members of Congress, the Executive, and the Judiciary, are prohibited from receiving substantial sums of money, except in instances allowed by law, such as campaign contributions received during the election period.

“Just to put things in context, as a public official, kasama po kami doon – lahat ng congressman, senador, nasa executive at judiciary, bawal tumanggap ng ganoong kalaking halaga ng pera as a general rule. Exception to the general rule kung campaign period, at mangongolekta ng mga donations para sa campaign (Just to put things in context, as a public official—including ourselves, members of Congress, senators, and officials in the Executive and Judiciary—we are generally prohibited from receiving that amount of money as a general rule. The exception is during the campaign period, when donations are being collected for an election campaign),” Clavano said.

Per Clavano, the Ombudsman’s case will also focus on the alleged failure to declare the donations in Marcoleta’s Statement of Assets, Liabilities and Net Worth (SALN) or Statement of Contributions and Expenditures (SOCE).

“Pero dito sa case na ito, hindi naman niya dineklara sa SOCE at sa SALN. So, dineklara lang niya sa taumbayan, media, pero sa totoo lang, dapat nilagay niya either sa SALN or SOCE. Ang theory will revolve around that (But in this case, he did not declare it in either his SOCE or his SALN. He disclosed it only to the public and the media, but in truth, it should have been reflected either in his SALN or his SOCE. That is what the prosecution’s theory will revolve around),” he said.

Earlier, the OMB said it will file the plunder complaint against Marcoleta this week.