The Office of the Ombudsman said former Senate President Francis Escudero, who is currently being probed for potential plunder and graft cases linked to the multibillion-peso flood control scandal, has already submitted his counter-affidavit.

Assistant Ombudsman Mico Clavano reiterated his previous remarks that the cases against Escudero were already in the preliminary investigation stage.

Clavano noted that their process requires respondents to answer allegations in complaints once investigators complete the fact-finding stage.

“Ang lumabas ho ata kahapon ay yung counter-affidavit niya… sumagot na po siya,” he said during a radio interview on DZMM.

(What was released yesterday was his counter-affidavit. He has already answered the allegations.)

Upon receipt of the replies from respondents, Clavano said it would be up to the preliminary investigation team to determine whether a complaint should be recommended for filing before the Sandiganbayan.

Asked why plunder was among the cases being pursued despite the historical difficulty of securing convictions, Clavano said the investigative body based its recommendations on the evidence gathered and the current social climate.

“Ang naging direction na po ngayon is maybe we can give a chance to revisit etong plunder doctrines natin kasi iba na po yung panahon ngayon, I guess also with the advent of social media na nakikita ho natin lahat,” he said.

(The current direction is to revisit our plunder doctrines because times are different now, especially with the advent of social media where everything is now visible.)

“Yung temperature at yung atmosphere po ngayon ay siguro sa tingin ni Ombudsman ay ripe na po para i-revisit etong mga medyo humaharang sa pag-convict ng plunder,” he added.

(Maybe the Ombudsman believes the current temperature and atmosphere are ripe for revisiting the obstacles to securing plunder convictions.)

Throughout Philippine history, only two public officials have been convicted of plunder — Senator Jinggoy Estrada in 2007 and former Bureau of Internal Revenue cashier Dominga Manalili in 2001.

Escudero’s name first surfaced in the flood control controversy during a Senate Blue Ribbon Committee hearing, where former Department of Public Works and Highways engineer Roberto Bernardo alleged that the senator received a 20 percent share from P1.4 billion worth of projects.

Bernardo claimed he separately delivered P160 million and P120 million to a building in Manila where Escudero supposedly stayed.

The senator has since been issued a precautionary hold departure order by the Sandiganbayan as investigations into the case continue.