A public official may be held criminally liable for plunder even if acting alone, or together with family members, business associates or private individuals who knowingly participate in amassing ill-gotten wealth, a Department of Justice (DoJ) official said Monday.

Justice Undersecretary Ian Norman Evaristo Dato said the Anti-Plunder Law allows prosecutors to charge both public officials and their alleged co-conspirators when the elements of the offense are present.

The Office of the Ombudsman has filed plunder charges against two sitting senators, Jinggoy Estrada and Rodante Marcoleta and former senator Bong Revilla.

“The offender is a public officer, acting alone or with others,” Dato said during a public legal education briefing on the country’s anti-corruption laws.

He said prosecutors must prove that the public official accumulated at least P50 million in ill-gotten wealth through a series or combination of criminal acts defined under the law, including the direct or indirect receipt of gifts or other pecuniary benefits by reason of office.

Dato said those who knowingly assist in the unlawful scheme may likewise be prosecuted as co-conspirators.

The briefing came amid the opening of the impeachment trial of Vice President Sara Duterte, known to be allies of Estrada, Marcoleta and Revilla.

Dato also discussed Presidential Decree 46, which prohibits public officials from receiving gifts or benefits by reason of their office.

“In plain terms, the law punishes any public official who receives, or any person who gives, a gift or benefit by reason of the official’s position, even without proof that the gift was tied to one specific official act,” he said.

He added that both the giver and the recipient may be held criminally liable, with each gift transaction constituting a separate offense.

On indirect bribery, Dato said the crime is committed once a public officer accepts a gift because of the position he or she holds, even if no specific favor was requested or promised.

“One does not need a deal to commit indirect bribery — just a gift accepted because of the office,” he said.

Dato also reminded the public that probable cause is merely the legal basis for filing charges and does not establish guilt.

“Probable cause is not proof of guilt. It is a threshold finding that a trial should proceed,” he said.

He stressed that every accused person enjoys the same constitutional rights, including the presumption of innocence and the right to counsel and due process, regardless of position in government.