Leila de Lima files bill making illicit enrichment a non-bailable offense
Mamamayang Liberal Party-list rep. Leila de Lima has filed a bill that makes "illicit enrichment" of wealth a non-bailable offense that is easier to prove in court than plunder.
House Bill No. 6626, or the Anti-Illicit Enrichment and Anti-Illicit Transfer Act, seeks to work around the complicated process of proving a plunder case in court.
On Dec. 4, de Lima issued a statement explaining the reason for the bill filing.
"In light of the serious observations and criticisms about the Plunder Law and the court decisions interpreting it—coupled with the view that charges for malversation, bribery, graft, and corruption may not be enough given the magnitude of the wrongdoings in the biggest corruption scandal in Philippine history—we filed House Bill No. 6626, or the “Anti-Illicit Enrichment and Anti-Illicit Transfer Act," she said.
"Isipin po ninyo: Iilan lang ang na-convict ng plunder, may isa pang na-pardon. Sa napakalaking korapsyon gaya ng flood control projects controversy ngayon, na pwede pang maulit sa hinaharap, hindi tama at hindi makatwiran kung pahirapan pa rin ang pagpapanagot sa mga sangkot, o hindi kasing-bigat ng kalokohan nila ang parusang ipapataw sa kanila," she added.
Ombudsman Jesus Crispin Remulla has said that the Anti-Plunder Act has loopholes that make it difficult to convict suspected plunderers.
De Lima's bill cites a few technicalities of the law (RA 7080) that Remulla has acknowledged to be problematic.
The "main plunderer doctrine" requires the prosecution to identify the "mastermind" or primary official who amassed at least P50 million in ill-gotten wealth.
Remulla has also referred to the legal theories mentioned in the Anti-Plunder Act as "insane" during a fireside chat on Nov. 21 with One News at the Stratbase Institute's annual Pilipinas Conference.
"We are rethinking our options always when we file plunder charges because no one ever gets convicted of plunder and some of these theories are just insane when we look at the jurisprudence," he said.
"Kaya dito natin naisip ang pagsasabatas ng isang bagong krimen kung saan pwedeng magsampa ng mabigat na kaso na parang plunder, pero mas madaling patunayan," said de Lima.
If, during a lifestyle check of an official, the Ombudsman finds real estate, a yacht, house, condominium unit, helicopter, stock shares, or businesses that aren't reflected on the official's Statement of Assets, Liabilities, and Net Worth, and the official fails to explain the source of these assets, House Bill No. 6626 can consider it a case of illicit enrichment.
"If the evidence of guilt is strong, at ang illicit enrichment ay sobra sa P50 million, non-bailable din ang kaso tulad sa plunder," de Lima said in her statement.
"Given the magnitude of corruption we are facing today, the enactment of this crucial measure is timely and necessary," she added.
