House Deputy Minority Leader and Mamamayang Liberal (ML) Party-list Rep. Leila de Lima on Thursday filed a measure seeking to criminalize illicit enrichment and illicit transfer by amending the Revised Penal Code, providing a stronger legal tool to combat corruption and ensure accountability in public office.
Under De Lima’s House Bill 6626, or the Anti-Illicit Enrichment and Anti-Illicit Transfer Act, a new section titled “Illicit Enrichment and Illicit Transfer” will be added to Chapter Two (Malfeasance and Misfeasance in Office), Title Seven (Crimes Committed by Public Officers), Book II of Republic Act No. 3815 or the Revised Penal Code.
De Lima said the bill addresses challenges in prosecuting plunder cases and other corruption-related offenses.
“Only a few have been convicted of plunder, and at least one was pardoned. In massive corruption scandals such as the ongoing flood control projects controversy — which can happen again — it is unreasonable that those involved might not be held fully accountable, or only face lesser charges,” she said. “This proposal introduces a new crime similar to plunder in seriousness, but easier to prove.”
De Lima added that the measure eliminates the legal complexities surrounding plunder. For instance, if a lifestyle check uncovers assets not declared in a government official’s Statement of Assets, Liabilities and Net Worth (SALN) — such as real estate, luxury vehicles, yachts, shares of stock, or business interests — and these cannot be justified, they may be considered illicit enrichment. If the amount exceeds P50 million and the evidence of guilt is strong, the offense will be non-bailable, similar to plunder.
Many countries already implement similar laws. State Parties, including the Philippines, have committed under the UN Convention Against Corruption (UNCAC) to consider criminalizing illicit enrichment.
The bill defines illicit enrichment as acquiring unexplained wealth grossly disproportionate to a public official’s lawful income and legitimate properties. It also criminalizes “illicit transfer,” or the act of transferring properties known to be illegally acquired.
Proposed penalties:
- 6 months to 12 years imprisonment if the illicit wealth does not exceed P10 million.
- 12 years and one day to 14 years and 18 months if it exceeds P10 million but not P20 million.
- 14 years, 8 months and one day to 20 years if it exceeds P20 million but not P50 million.
- 20 years and one day to 40 years if it exceeds P50 million.
Convicted individuals shall also suffer absolute perpetual disqualification from public office.
Those involved in the transfer of illicit assets — including private individuals who knowingly accept them — may face imprisonment of up to prision correccional in its maximum period, a fine of up to P100,000, or both. Illegally acquired properties will be forfeited in favor of the State.
The measure also states that the government’s right to file illicit enrichment cases will not prescribe, nor will it be barred by laches or estoppel.
“Given the magnitude of corruption we are facing today, the enactment of this measure is timely and necessary,” De Lima said.
