THE Department of Justice (DOJ) on Monday conducted a public legal education briefing on the country's anti-corruption laws and criminal procedures as issues of public accountability took the spotlight with the opening of the impeachment trial of Vice President Sara Duterte.
Justice Undersecretary Ian Norman Evaristo Dato, who oversees the National Prosecution Service (NPS), said the briefing was meant to educate the public on the legal principles governing corruption cases.
While he did not refer to any pending case or public official, he discussed the elements of plunder, the prohibition against gifts to public officials, indirect bribery, jurisdiction over criminal defendants, and the constitutional rights of the accused.
Dato said a public officer may be charged with plunder for amassing ill-gotten wealth alone or in conspiracy with others, provided prosecutors establish that the wealth was acquired through a series of criminal acts, is linked to the official's position, and totals at least P50 million.
He also explained that under Presidential Decree 46, both public officials who receive gifts and individuals who give them may be held liable even without proof that the gift was tied to a specific official act.
Indirect bribery under Article 211 of the Revised Penal Code is committed when a public officer accepts a gift by reason of office, even without any agreement to perform a particular favor.
Dato outlined how courts acquire jurisdiction over an accused — either through arrest under a warrant issued upon a finding of probable cause or through voluntary submission to the court, such as by posting bail.
"Probable cause is not proof of guilt. It is a threshold finding that a trial should proceed," he said.
He said every accused person, regardless of position, is entitled to due process, including the rights to counsel, to confront evidence, and to be presumed innocent until proven guilty by a court.