CAN A PLUNDER CASE BE FILED AGAINST A SITTING PRESIDENT OR VICE PRESIDENT?
Under Philippine constitutional law, the answer depends on the official involved. The Constitution, statutes, and Supreme Court jurisprudence create different accountability rules for the President and the Vice-President.
1. The Plunder Threshold Is ₱50 Million
Under Republic Act No. 7080 (Plunder Law), plunder requires accumulating ill-gotten wealth of at least ₱50,000,000.
Source: RA 7080, Sec. 2 — https://lawphil.net/statutes/repacts/ra1991/ra_7080_1991.html
2. A Sitting President Cannot Be Prosecuted for Plunder
The Supreme Court consistently holds that the President enjoys full #immunity from suit during incumbency. This immunity covers both civil and criminal cases, including plunder. Any complaint filed cannot move forward until the President leaves office.
Key rulings:
• Estrada v. Desierto, G.R. 146710-15 (Mar. 2, 2001) — The President may only be prosecuted after leaving office.
Source: https://lawphil.net/judjuris/juri2001/mar2001/gr_146710_2001.html
• In re: Bermudez, 145 SCRA 160 (1986) — Recognizes immunity of the President from suit during tenure.
Source: https://lawphil.net/judjuris/juri1986/aug1986/gr_60849_1986.html
Conclusion:
A plunder case cannot be prosecuted against a sitting President. Impeachment is the mandatory first step.
3. A Sitting Vice-President May Be Impeached First Before Any Plunder Case Proceeds
The Constitution does not grant the Vice-President presidential-level immunity. But the VP is an impeachable officer, and under both the Constitution and #RA6770 (#OmbudsmanAct), the Ombudsman cannot criminally prosecute impeachable officials for acts related to their office except for purposes of impeachment.
Key sources:
• Constitution, Art. XI, Sec. 2 — VP may only be removed by impeachment.
https://lawphil.net/consti/cons1987.html
• RA 6770, Secs. 21–22 — Limits the Ombudsman’s power to prosecute impeachable officers except for impeachment purposes.
https://lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html
• Carpio-Morales v. CA and Binay, G.R. 217126-27 (Nov. 10, 2015) — Impeachable officials cannot be administratively removed or prosecuted during incumbency except through impeachment.
https://lawphil.net/judjuris/juri2015/nov2015/gr_217126_2015.html
Conclusion:
A plunder complaint may be filed against a sitting Vice-President, but actual investigation and prosecution must wait until after impeachment and removal.
4. Practical Rule
For the President:
• Cannot be sued or prosecuted.
• Only impeachment can proceed during tenure.
• Criminal cases begin only after leaving office.
For the Vice-President:
• No constitutional immunity, but as an impeachable officer,
• The Ombudsman cannot prosecute until after impeachment.
• Thus, plunder prosecution normally begins after impeachment and removal.
BOTTOM LINE
Impeachment is the constitutionally required gateway for holding both the President and Vice-President criminally liable for plunder during their term.
Only after removal can full criminal prosecution proceed.
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Assisted by ChatGPT AI app, December 12, 2025.