By the Federation of Free Workers president Sonny Matula
We echo the call of the Catholic Bishops’ Conference of the Philippines (CBCP), led by its president, Cardinal Pablo David, that real justice in the wake of the flood control anomalies means not just punishing the guilty but returning what was stolen to the Filipino people.
We beg to disagree with those who push for the death penalty for plunder. The law already gives us a useful, if not sharper, weapon other than the proposed death penalty — forfeiture. We can sharpen it further by revisiting said law and proposing necessary amendments. Ibalik ang ninakaw, kumpiskahin ang mansyon at bank account. Mas mabigat ang mawalan ng mansion ang mandarambong kaysa tuloy ang baha at mawalan ng buhay at kabuhayan ang mamamayan.
We’ve already used this in the case of General Carlos Garcia, where the Supreme Court upheld the forfeiture of hundreds of millions in unexplained wealth. That shows we can recover stolen assets without waiting for a criminal conviction, which demands proof beyond reasonable doubt. In forfeiture, the standard is lower — substantial evidence — kaya’t mas mabilis at mas epektibo ang pagbawi.
Can we confiscate the monies and mansions of corrupt politicians, DPWH executives and their business cohorts even without convicting them first of plunder? The answer is yes — thanks to our forfeiture law and the witness protection program. Hindi kailangan ng lethal injection kung puwede namang legal injection ng SALN at forfeiture law.
The Ombudsman, under Republic Act (RA) 6770, can prosecute graft and plunder cases and request forfeiture of assets.
The Sandiganbayan, a special anti-graft court, has jurisdiction to order forfeiture of unlawfully acquired wealth in criminal and civil cases.
The Anti-Money Laundering Act, or RA 9160, as amended, authorizes the Anti-Money Laundering Council to freeze, investigate and cause forfeiture of assets linked to crimes like plunder, graft and corruption. These include bank deposits, investments and properties.
The UN Convention against Corruption, ratified by the Philippines, obliges the country to adopt effective measures for asset recovery and cooperate with other states in returning stolen assets. This bolsters the legal framework for cross-border recovery of plundered wealth.
With due respect to those who advocate for capital punishment, the death penalty is being dangled as if it were the ultimate solution — but it is only an easy fix, harsh but panandalian lang.
Instead of executions, we press for swift forfeiture, prosecution of plunderers, recovery of stolen wealth and passage of the Anti-Dynasty Law.