MANILA — Mamamayang Liberal Representative Leila de Lima has filed a bill in the House of Representatives seeking to criminalize illicit enrichment and illicit transfer, citing persistent challenges in prosecuting plunder under existing laws.

House Bill 6626, also known as the proposed Anti-Illicit Enrichment and Anti-Illicit Transfer Act, was filed on Thursday. The measure aims to amend the Revised Penal Code to create a stronger legal mechanism to combat corruption and hold public officials accountable.

The proposed law would be added to Chapter Two (Malfeasance and Misfeasance in Office), Title Seven (Crimes Committed by Public Officers), Book II of Republic Act 3815, the Revised Penal Code.

“In light of the serious observations about and criticisms against 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 wrongdoings in the biggest corruption scandal in Philippine history—there is a need to come up with a new, effective legal tool to put an end to corruption and hold all those involved accountable,” de Lima said.

Current Framework and Scandals Prompt Legislative Action

She stressed that the current legal framework has made convictions under the plunder law rare.

“Isipin po ninyo: Iilan lang ang na-convict ng plunder, may isa pang na-pardon. Sa napakalaking corruption scandal gaya ng flood control projects controversy ngayon, na maaari pang maulit sa hinaharap, hindi tama at hindi makatwirang pahirapan pa ring mapanagot ang mga sangkot, o hindi kasing-bigat ng kanilang kalokohan ang ikakaso laban sa kanila,” de Lima added. “Kaya dito po natin naisip itong panukalang batas na ito, isang bagong krimen — paghahain ng mabigat na kaso na may mabigat ding parusa parang sa plunder, pero mas madaling patunayan.”

The bill seeks to eliminate barriers that make plunder prosecutions difficult. Under the proposed law, public officials found with unexplained assets not reflected in their Statements of Assets, Liabilities and Net Worth (SALN) could be charged with illicit enrichment. If the assets exceed PHP 50 million, the offense would be non-bailable, similar to plunder.

“Kung may nadiskubre halimbawa ang Ombudsman sa lifestyle check nila na lote, yate, bahay, condo, helicopter, shares of stock o business na wala sa SALN ng government official, at hindi ito maipaliwanag, maituturing na yun as illicit enrichment. Kung ang evidence of guilt is strong, at ang illicit enrichment ay sobra sa P50 million, non-bailable din ang kaso gaya sa plunder,” de Lima said.

The measure also criminalizes “illicit transfer,” penalizing officials who transfer property acquired through illicit enrichment, as well as private individuals who knowingly receive such assets. Convicted individuals could face prison terms ranging from six months to 40 years, depending on the amount involved, and would be barred from holding public office. Any illicitly acquired property would be forfeited to the state.

De Lima noted that similar laws exist in numerous countries and are recognized as effective anti-corruption tools. She also highlighted the Philippines’ commitment under the UN Convention Against Corruption to consider criminalizing illicit enrichment.

“Illicit enrichment laws remove these barriers. In the case of public officials, prosecutors must only show that the person has assets that disproportionately exceed his or her legitimate sources of income. Also, prosecutors are no longer required to establish guilt for a ‘predicate’ or related offense,” she said.

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