THE filing of a non-bailable plunder case against Sen. Rodante Marcoleta over P75 million in private campaign donations is not just another headline in our endless graft drama; it is a watershed in the weaponization of law in this country. By treating lawful campaign support from private individuals as âill-gotten wealthâ under the Plunder Law, President Ferdinand Marcos Jr. and Ombudsman Jesus Crispin Remulla have opened a legal Pandoraâs box that can swallow any political opponent â and any citizen reckless enough to support one generously.
According to the Ombudsmanâs own public statements and media reports, the plunder case hinges on P75 million in campaign contributions that three private individuals allegedly gave Marcoleta in January 2025: P30 million from former congressman Mike Defensor, and P45 million from businessmen Joseph Espiritu and Aristotle Viray. These are not alleged kickbacks from a flood control project, nor commissions from an overpriced contract, nor money taken from the Treasury. They are private funds, donated during an election season, which the Ombudsman now says were not declared in Marcoletaâs statement of contributions and expenditures (SOCE), and in his state of assets, liabilities and net worth â and on that basis alone are being treated as âill-gotten wealthâ reaching the P50-million plunder threshold.
The Ombudsman has even invented its own English dictionary: âplunderâ â derived from the German plĂŒndern that arose from the 1630s Thirty Years War â has always meant robbing, pillaging the public treasury, skimming off fat contracts, diverting money held in trust. Republic Act (RA) 7080 defines plunder as the amassing of ill-gotten wealth of at least P50 million through âmisappropriation, conversion or outright taking of public funds, or through a series of corrupt acts anchored on public office.â In every major plunder case of the past â from the Marcos and military-linked Swiss deposits, to the Estrada âjuetengâ and tobacco excise funds scandal â the core accusation has been the same: public money or benefits from public power, illegally diverted into private hands.
Now, for the first time, the Ombudsman has decided that private campaign donations, unaccompanied by any proven kickback scheme, can themselves be the âill-gotten wealthâ in a plunder information. He has to do that of course, because if Marcoleta is accused of a crime in which the graft money is less than P50 million, he can post bail. Marcosâ order to take out Marcoleta from the political landscape was emboldened by the jailing of Sen. Jinggoy Estrada and the forcing of another senator, Ronald dela Rosa, into becoming a fugitive to evade an alleged warrant of arrest by a foreign court. Remulla and his ill-paid lawyers do not even see how ridiculous it is to call very voluntary donations as plunder.
(more…)