Curatorial Critique of Wealth-Based Capital Punishment Proposal
Curatorial Critique of Wealth-Based Capital Punishment Proposal
Amiel Gerald A. Roldan™
April 6, 2026
REPUBLIC OF THE PHILIPPINES
CONGRESS OF THE PHILIPPINES
Metro Manila
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[First Regular/Second Regular/Insert Session, 20]
SENATE BILL NO. / HOUSE BILL NO.
AN ACT ESTABLISHING THE OFFENSES OF AGGRAVATED PLUNDER AND AGGRAVATED ECONOMIC SABOTAGE, STRENGTHENING ASSET RECOVERY AND RESTITUTION MECHANISMS, AND INSTITUTING INDEPENDENT PROSECUTORIAL, ASSET MANAGEMENT, AND OVERSIGHT SAFEGUARDS
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
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CHAPTER I — TITLE, DECLARATION OF POLICY, AND PURPOSE
Section 1. Short Title. — This Act shall be known as the Aggravated Plunder and Economic Safeguards Act of 20.
Section 2. Declaration of Policy. — It is the policy of the State to promote accountability, protect public patrimony, deter large‑scale corruption and deliberate economic sabotage, and to ensure that remedies for illicit enrichment prioritize restitution to victims and restoration of public services while safeguarding due process, equal protection, and the rule of law.
Section 3. Purpose. — The purposes of this Act are to:
1. Define and criminalize Aggravated Plunder and Aggravated Economic Sabotage where illicit conduct results in the accumulation, control, or diversion of property, assets, proceeds, or benefits equal to or exceeding Three Hundred Million Philippine Pesos (₱300,000,000);
2. Provide precise evidentiary standards for criminal conviction and for civil forfeiture, and to protect bona fide third parties;
3. Establish an Independent Special Prosecutor’s Office (ISPO) to investigate and prosecute offenses under this Act with statutory insulation from political direction;
4. Strengthen asset‑preservation, tracing, forfeiture, restitution, and asset management mechanisms with transparent oversight; and
5. Enhance interagency and international cooperation for tracing, freezing, and repatriating illicit assets.
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CHAPTER II — DEFINITIONS
Section 4. Definitions. — For purposes of this Act:
(a) “Aggravated Plunder” means the knowing and willful acquisition, receipt, possession, concealment, transfer, or disposition of property, assets, proceeds, or benefits derived directly or indirectly from corrupt acts by a public officer, or by a private person acting in concert with a public officer, where the aggregate value equals or exceeds ₱300,000,000.
(b) “Aggravated Economic Sabotage” means intentional acts or omissions by public officers, private actors, or conspirators that substantially impair, destroy, divert, or render unusable public infrastructure, fiscal instruments, economic programs, or public services for private gain, resulting in aggregate losses or illicit gains equal to or exceeding ₱300,000,000.
(c) “Illicitly Obtained Property” means property, assets, proceeds, or benefits derived directly or indirectly from the commission of an offense under this Act.
(d) “Beneficial Owner” means the natural person(s) who ultimately own or control an asset, directly or indirectly, including through nominees, trusts, corporations, or other arrangements.
(e) “Forensic Accounting” means the application of accounting, auditing, and investigative skills to examine financial records and trace assets for legal purposes.
(f) “Independent Special Prosecutor” means the head of the Independent Special Prosecutor’s Office established under Section 10 of this Act.
(g) “Asset Recovery and Management Office (ARMO)” means the office designated to manage, preserve, and dispose of forfeited assets under this Act.
(h) “Anti‑Kleptocracy Oversight Commission (AKOC)” means the independent oversight body established under Section 19 of this Act.
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CHAPTER III — SUBSTANTIVE OFFENSES AND PENALTIES
Section 5. Aggravated Plunder — Elements. — A person commits the offense of Aggravated Plunder when all of the following elements are present:
(a) The offender is a public officer, or a private person acting in concert with a public officer;
(b) The offender knowingly and willfully acquires, receives, possesses, conceals, transfers, or disposes of property, assets, proceeds, or benefits; and
(c) The aggregate value of such property, assets, proceeds, or benefits derived from the offense equals or exceeds ₱300,000,000.
Section 6. Aggravated Plunder — Penalties. — Any person convicted of Aggravated Plunder shall suffer the following penalties:
(a) Reclusion perpetua or life imprisonment as provided under the Revised Penal Code and applicable penal statutes;
(b) A fine of not less than three (3) times the value of the illicit assets;
(c) Mandatory forfeiture of all illicitly obtained property and any property traceable thereto; and
(d) Permanent disqualification from holding public office and prohibition from serving in any government‑owned or controlled corporation.
Section 7. Aggravated Economic Sabotage — Elements. — A person commits Aggravated Economic Sabotage when:
(a) The offender intentionally causes, conspires to cause, or participates in acts or omissions that substantially impair, destroy, divert, or render unusable public infrastructure, fiscal instruments, economic programs, or public services; and
(b) The aggregate loss to the public or the illicit gain to the offender equals or exceeds ₱300,000,000.
Section 8. Aggravated Economic Sabotage — Penalties. — Any person convicted of Aggravated Economic Sabotage shall suffer:
(a) Imprisonment of twenty (20) years to life;
(b) A fine of not less than two (2) times the value of the illicit gain or the loss caused; and
(c) Mandatory forfeiture and restitution as provided in Section 12.
Section 9. Attempt, Conspiracy, and Accessory Liability. — Attempt, conspiracy, or accessory liability for offenses under this Chapter shall be punished in proportion to the offender’s role and the value of assets involved.
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CHAPTER IV — EVIDENTIARY STANDARDS, FORFEITURE, AND THIRD‑PARTY PROTECTIONS
Section 10. Criminal Conviction Standard. — Conviction for offenses under this Act requires proof beyond a reasonable doubt of each element of the offense, including the illicit origin of assets and the requisite mens rea.
Section 11. Criminal Forfeiture. — Forfeiture of assets as part of a criminal conviction requires proof beyond a reasonable doubt that the assets are illicitly obtained. Forfeiture shall be ordered by the court as part of the judgment.
Section 12. Civil Forfeiture. — Where criminal conviction is not obtained, the State may pursue civil forfeiture proceedings. Civil forfeiture shall require proof by clear and convincing evidence that the property is proceeds of unlawful activity. Civil forfeiture proceedings shall be subject to heightened judicial review and the right to a prompt adversarial hearing.
Section 13. Protections for Bona Fide Third Parties. — Bona fide third parties who demonstrate by a preponderance of evidence that they acquired an interest in the property for value and without knowledge of its illicit origin shall be protected from forfeiture, subject to judicial determination.
Section 14. Asset Valuation and Aggregation. —
(a) Valuation Date. Asset valuation for threshold determination shall be calculated at the time of seizure or at the time of filing of charges, using fair market valuation principles and expert appraisal where necessary.
(b) Aggregation Rule. Multiple acts or transactions that are part of a common scheme or course of conduct may be aggregated to determine whether the ₱300,000,000 threshold is met.
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CHAPTER V — INSTITUTIONAL MECHANISMS AND PROCEDURAL SAFEGUARDS
Section 15. Independent Special Prosecutor’s Office (ISPO). —
(a) Establishment. There is hereby established the Independent Special Prosecutor’s Office to investigate and prosecute offenses under this Act.
(b) Appointment. The Special Prosecutor shall be appointed by the President from a shortlist provided by a Judicial‑Legislative‑Civil Society Selection Committee and confirmed by the Senate.
(c) Tenure and Removal. The Special Prosecutor shall serve a fixed, non‑renewable term of seven (7) years and may be removed only for cause by a two‑thirds vote of the Senate upon recommendation by the Selection Committee.
(d) Powers and Functions. The ISPO shall have operational autonomy, budgetary protection, and authority to coordinate with the Anti‑Money Laundering Council, financial intelligence units, and international partners.
Section 16. Judicial Asset Preservation Orders. —
(a) Freezing Orders. Upon a prima facie showing to a court that there is probable cause to believe assets are illicitly obtained, the court may issue a temporary freezing order to preserve assets pending investigation or trial.
(b) Duration and Review. Freezing orders shall be time‑limited (initially ninety (90) days) and subject to judicial review and renewal only upon a renewed showing of probable cause.
Section 17. Forfeiture, Restitution, and Asset Management. —
(a) Mandatory Forfeiture. Upon conviction, the court shall order forfeiture of illicit assets and any property traceable thereto.
(b) Restitution Priority. Forfeited assets shall first be used to compensate identifiable victims and to restore public services harmed by the offense. A Victim Restitution Fund shall be established and administered by ARMO with transparent criteria.
(c) Asset Management. Forfeited assets pending disposition shall be managed by the Asset Recovery and Management Office (ARMO), which shall have fiduciary duties, be audited annually, and publish public reports on asset disposition.
Section 18. Discovery, Expert Evidence, and Chain of Custody. —
(a) Mandatory Disclosure. The prosecution must disclose to the defense, in a timely manner, all material evidence, including forensic accounting reports, beneficial ownership information, and witness statements.
(b) Expert Witnesses. Forensic accountants and financial investigators shall be qualified by the court; their methodologies and data sources shall be disclosed and subject to adversarial testing.
(c) Chain of Custody. The State must maintain and document chain of custody for seized records and physical evidence; failure to do so may result in exclusion of evidence.
Section 19. Speedy Trial and Remedies for Delay. — Defendants charged under this Act shall be entitled to a speedy trial; unreasonable delay attributable to the prosecution shall trigger remedies including dismissal, unless delay is attributable to the defense.
Section 20. Plea Agreements and Conditional Settlements. —
(a) Plea agreements are permitted only with judicial approval and only where they include full restitution, forfeiture of illicit assets, and public disclosure of the terms.
(b) No plea shall result in immunity from civil forfeiture or restitution obligations.
Section 21. Anti‑Retaliation and Whistleblower Protections. —
(a) Persons who provide information leading to conviction or asset recovery shall be protected from retaliation and may be eligible for rewards from recovered assets, subject to judicial oversight.
(b) The ISPO shall maintain confidentiality protocols to protect witnesses and investigators.
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CHAPTER VI — INTERNATIONAL COOPERATION AND FINANCIAL MEASURES
Section 22. Mutual Legal Assistance and Asset Tracing. — The State shall actively pursue mutual legal assistance, asset tracing, and repatriation through bilateral and multilateral channels, subject to applicable treaties and dual‑criminality requirements.
Section 23. Beneficial Ownership Registry. — The State shall establish and maintain a beneficial ownership registry for corporations, trusts, and other legal arrangements, with appropriate privacy safeguards and access for law enforcement and judicial authorities.
Section 24. Financial Institution Obligations. — Financial institutions shall report suspicious transactions and comply with freezing orders and requests for information under penalty of law. The Anti‑Money Laundering Council shall coordinate with the ISPO to prioritize investigations involving cross‑border asset flows.
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CHAPTER VII — OVERSIGHT, TRANSPARENCY, AND SAFEGUARDS AGAINST POLITICAL ABUSE
Section 25. Anti‑Kleptocracy Oversight Commission (AKOC). —
(a) Establishment. An independent Anti‑Kleptocracy Oversight Commission is established to monitor enforcement, review complaints of political targeting, and publish annual reports to Congress.
(b) Composition. AKOC shall include representatives from the judiciary, legislature, civil society, and the private sector.
(c) Powers. AKOC may audit ISPO activities, review freezing orders, and recommend corrective action to ensure impartiality.
Section 26. Prohibition on Political Targeting. — Investigations and prosecutions under this Act shall not be initiated for the purpose of political persecution. Allegations of politically motivated prosecution may be reviewed by AKOC and the courts.
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CHAPTER VIII — IMPLEMENTATION, REVIEW, AND MISCELLANEOUS PROVISIONS
Section 27. Implementation Timeline. — The ISPO, ARMO, and AKOC shall be established within one hundred eighty (180) days from the effectivity of this Act. The beneficial ownership registry shall be operational within twelve (12) months.
Section 28. Budgetary Provisions. — The necessary funds for the initial implementation of this Act shall be charged against the current year’s appropriations of the Department of Justice and other concerned agencies. Thereafter, such sums as may be necessary shall be included in the annual General Appropriations Act.
Section 29. Sunset and Legislative Review. — This Act shall be subject to mandatory legislative review five (5) years after enactment to assess effectiveness, rights impacts, and enforcement patterns. Congress may amend, extend, or repeal provisions based on the review.
Section 30. Severability. — If any provision of this Act is declared invalid or unconstitutional, the remaining provisions shall remain in full force and effect.
Section 31. Repealing Clause. — All laws, decrees, executive orders, rules, and regulations inconsistent with this Act are hereby repealed or modified accordingly.
Section 32. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.
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Approved,
Speaker of the House of Representatives
President of the Senate
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Explanatory Note: This bill establishes aggravated criminal categories for large‑scale corruption and deliberate economic sabotage tied to a clear asset threshold, while deliberately excluding capital punishment and instead providing severe custodial and financial penalties, robust forfeiture and restitution mechanisms, independent prosecutorial structures, and multiple procedural and institutional safeguards to protect due process and prevent political abuse.
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Rodrigo Roa Duterte
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A multidisciplinary Filipino artist, poet, researcher, and cultural worker whose practice spans painting, printmaking, photography, installation, and writing. He is deeply rooted in cultural memory, postcolonial critique, and in bridging creative practice with scholarly infrastructure—building counter-archives, annotating speculative poetry like Southeast Asian manuscripts, and fostering regional solidarity through ethical art collaboration.
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