anti plunder act ra 7080

7/24/2019 Anti Plunder Act Ra 7080

http://slidepdf.com/reader/full/anti-plunder-act-ra-7080 1/38

R.A. 7080

ANTI-PLUNDE

LAW



HISTORY O

PLUNDER



REPUBLIC ACT 7080 OR THE A

PLUNDER LAW WAS ENACTE

THE AFTERMATH OF THE MADICTATORSHIP, WHEN T

PRESIDENT FERDINAND MAR

HIS WIFE IMELDA, AND T

CRONIES ALLEGEDLY AMASSED

GOTTEN WEALTH.



AFTER THE 1986 PEOPLE REVOLUTION, THE GOVERNMENT

THAT EISTING LAWS LI!E THE ANTAND CORRUPTION PRACTICES ACTCLEARLY INADE"UATE TO COPE WMAGNITUDE OF THE CORRUPTIO

THIEVERY COMMITTED DURING THE YEARS.



IN RESPONSE TO THIS, ANTI-PLUNDER BILLWERE FILED BY SALONGA IN THE SENATE, A

BY THEN REPRESENTATIVE LORNA YAP IN THOUSE OF REPRESENTATIVES DURING THECONGRESS.

THE BILLS WERE CONSOLIDATED INTO REPACT 7080, SIGNED BY PRESIDENT CORA#OA"UINO IN 1991.



DEFINITION O

TERMS



PUBLIC OFFICER

ANY PERSON HOLDING ANYPUBLIC OFFICE IN THEGOVERNMENT OF THE REPUB

OF THE PHILIPPINES BY VIRTUAN APPOINTMENT, ELECTION

CONTRACT.



GOVERNMENT

INCLUDES THE NATIONAL GOVERNMENT, AND

ITS SUBDIVISIONS, AGENCIES OR INSTRUMENINCLUDING GOVERNMENT-OWNED OR -CONTCORPORATIONS AND THEIR SUBSIDIARIES.



PERSONINCLUDES ANY NATURAL OR

$URIDICAL PERSON, UNLESS TCONTET INDICATE OTHERWI



ILL-GOTTEN WEALTH

ANY ASSET, PROPERTY, BUSINESS ENTERPR

OR MATERIAL POSSESSION OF ANY PERSONWITHIN THE PURVIEW OF SECTION TWO %&'HEREOF, AC"UIRED BY HIM DIRECTLY ORINDIRECTLY THROUGH DUMMIES, NOMINEEAGENTS, SUBORDINATES AND(OR BUSINESASSOCIATES BY ANY COMBINATION OR SER THE FOLLOWING MEANS OR SIMILAR SCHE



ILL-GOTTEN WEALTH

1. THROUGH MISAPPROPRIAT

CONVERSION, MISUSE, ORMALVERSATION OF PUBLIC FU

OR RAIDS ON THE PUBLIC TREASURY*



ILL-GOTTEN WEALTH

&. BY RECEIVING, DIRECTLY OR INDIREC

ANY COMMISSION, GIFT, SHARE, PERCE!IC!BAC!S OR ANY OTHER FORM OFPECUNIARY BENEFIT FROM ANY PERSOAND(OR ENTITY IN CONNECTION WITH

GOVERNMENT CONTRACT OR PRO$ECT REASON OF THE OFFICE OR POSITION OPUBLIC OFFICER CONCERNED*



ILL-GOTTEN WEALTH

+. BY THE ILLEGAL OR FRAUDULENT

CONVEYANCE OR DISPOSITION OF ASSEBELONGING TO THE NATIONAL GOVERNOR ANY OF ITS SUBDIVISIONS, AGENCIEINSTRUMENTALITIES OR GOVERNMENT-

OWNED OR -CONTROLLED CORPORATIOAND THEIR SUBSIDIARIES*



ILL-GOTTEN WEALTH

. BY OBTAINING, RECEIVING OR

ACCEPTING DIRECTLY OR INDIRECTANY SHARES OF STOC!, E"UITY OROTHER FORM OF INTEREST OR

PARTICIPATION INCLUDING PROMISFUTURE EMPLOYMENT IN ANY BUSIENTERPRISE OR UNDERTA!ING*



ILL-GOTTEN WEALTH

. BY ESTABLISHING AGRICULTURAL

INDUSTRIAL OR COMMERCIALMONOPOLIES OR OTHER COMBINATAND(OR IMPLEMENTATION OF DECR

AND ORDERS INTENDED TO BENEFPARTICULAR PERSONS OR SPECIALINTERESTS* OR



ILL-GOTTEN WEALTH

6. BY TA!ING UNDUE ADVANTAGE OF

OFFICIAL POSITION, AUTHORITY,RELATIONSHIP, CONNECTION OR INFLU

TO UN$USTLY ENRICH HIMSELF OR THEMSELVES AT THE EPENSE AND TO

DAMAGE AND PRE$UDICE OF THE FILIPIPEOPLE AND THE REPUBLIC OF THEPHILIPPINES.



COMBINATION

IT IS REFERRING TO AT LEAST TWO %&' A

FALLING UNDER DIFFERENT CATEGORIEENUMERATION PROVIDED IN SEC. 1, PARE.G., RAIDS ON THE PUBLIC TREASURY ISEC.1, PAR. %D', SUBPAR. %1', AND

FRAUDULENT CONVEYANCE OF ASSETSBELONGINGS TO THE NATIONAL GOVERUNDER SEC.1, PAR. %D', SUBPAR. %+'.



SERIES

THERE MUST BE TWO %&' OR MORE OVERT OR CRIMFALLING UNDER THE SAME CATEGORY OF ENUMERAFOUND IN SEC. 1, PAR. %D', SAY, MISAPPROPRIATIONMALVERSATION AND RAIDS ON THE PUBLIC TREASUWHICH FALL UNDER SEC. 1, PAR. %D', SUBPAR. %1'. V THE LEGISLATURE INTENDED A TECHNICAL OR DISTMEANING FOR COMBINATION/ AND SERIES,/ IT WO TA!EN GREATER PAINS IN SPECIFICALLY PROVIDING THE LAW



PATTERN1. CONSISTS OF AT LEAST A COMBINATION OR SERIES OF OVERT OR CRI

ENUMERATED IN SUBSECTIONS %1' TO %6' OF SEC. 1 %D'

•. 1' THROUGH MISAPPROPRIATION, CONVERSION, MISUSE, OR MALVERSATION OF PUBLIC FU

THE PUBLIC TREASURY*

•. &' BY RECEIVING, DIRECTLY OR INDIRECTLY, ANY COMMISSION, GIFT, SHARE, PERCENTAGE

ANY OTHER FORM OF PECUNIARY BENEFIT FROM ANY PERSON AND(OR ENTITY IN CONNEC

GOVERNMENT CONTRACT OR PRO$ECT OR BY REASON OF THE OFFICE OR POSITION OF TH

CONCERNED*

•. +' BY THE ILLEGAL OR FRAUDULENT CONVEYANCE OR DISPOSITION OF ASSETS BELONGIN

GOVERNMENT OR ANY OF ITS SUBDIVISIONS, AGENCIES OR INSTRUMENTALITIES OR GOVEOR -CONTROLLED CORPORATIONS AND THEIR SUBSIDIARIES*

•. ' BY OBTAINING, RECEIVING OR ACCEPTING DIRECTLY OR INDIRECTLY ANY SHARES OF ST

ANY OTHER FORM OF INTEREST OR PARTICIPATION INCLUDING PROMISE OF FUTURE EMPLO

BUSINESS ENTERPRISE OR UNDERTA!ING*

•. ' BY ESTABLISHING AGRICULTURAL, INDUSTRIAL OR COMMERCIAL MONOPOLIES OR OTHE

AND(OR IMPLEMENTATION OF DECREES AND ORDERS INTENDED TO BENEFIT PARTICULAR

SPECIAL INTERESTS* OR



PATTERN&. PURSUANT TO SEC. & OF THE LAW, THE PATTEROVERT OR CRIMINAL ACTS IS DIRECTED TOWARD

COMMON PURPOSE OR GOAL WHICH IS TO ENABPUBLIC OFFICER TO AMASS, ACCUMULATE OR ACILL-GOTTEN WEALTH.



PATTERN+. THERE MUST EITHER BE AN OVERALL UNLAWFUL SCCONSPIRACY TO ACHIEVE SAID COMMON GOAL. AS COUNDERSTOOD, THE TERM OVERALL UNLAWFUL SCHEMINDICATES A GENERAL PLAN OF ACTION OR METHOD WPRINCIPAL ACCUSED AND PUBLIC OFFICER AND OTHERSCONNIVING WITH HIM FOLLOW TO ACHIEVE THE AFORECOMMON GOAL. IN THE ALTERNATIVE, IF THERE IS NO S

OVERALL SCHEME OR WHERE THE SCHEMES OR METHOBY MULTIPLE ACCUSED VARY, THE OVERT OR CRIMINAL MUST FORM PART OF A CONSPIRACY TO ATTAIN A COMM



PLUNDER

ANY PUBLIC OFFICER WHO, BY HIMSELF OR INCONNIVANCE WITH MEMBERS OF HIS FAMILY, R

BY AFFINITY OR CONSANGUINITY, BUSINESSASSOCIATES, SUBORDINATES OR OTHER PERSOAMASSES, ACCUMULATES OR AC"UIRES ILL-GOWEALTH THROUGH A COMBINATION OR SERIES

OVERT CRIMINAL ACTS AS DESCRIBED IN SECTIHEREOF IN THE AGGREGATE AMOUNT OR TOTAOF AT LEAST FIFTY MILLION PESOS %P0,000,00SHALL BE GUILTY OF THE CRIME OF PLUNDER



PLUNDERIT SHALL BE PUNISHED BY RECLUSION PERPETUA TO DEATH.WHO PARTICIPATED WITH THE SAID PUBLIC OFFICER IN THE

OF AN OFFENSE CONTRIBUTING TO THE CRIME OF PLUNDER LI!EWISE BE PUNISHED FOR SUCH OFFENSE. IN THE IMPOSITPENALTIES, THE DEGREE OF PARTICIPATION AND THE ATTENDMITIGATING AND ETENUATING CIRCUMSTANCES, AS PROVIDREVISED PENAL CODE, SHALL BE CONSIDERED BY THE COURCOURT SHALL DECLARE ANY AND ALL ILL-GOTTEN WEALTH A

INTERESTS AND OTHER INCOMES AND ASSETS INCLUDING TPROPERTIES AND SHARES OF STOC!S DERIVED FROM THE DINVESTMENT THEREOF FORFEITED IN FAVOUR OF THE STATE



PATTERN



ELEMENTS

OFPLUNDER



ELEMENTS OF PLUNDER• 1. THAT THE OFFENDER IS A PUBLIC OFFICER WHO ACTS BY HIMSELF O

CONNIVANCE WITH MEMBERS OF HIS FAMILY, RELATIVES BY AFFINITY O

CONSANGUINITY, BUSINESS ASSOCIATES, SUBORDINATES OR OTHER P

• &. THAT HE AMASSED, ACCUMULATED OR AC"UIRED ILL-GOTTEN WEAL

A COMBINATION OR SERIES OF THE FOLLOWING OVERT OR CRIMINAL A

DESCRIBED IN SECTION 1 %D' OF R.A. NO. 7080 AS AMENDED*

• +. THAT THE AGGREGATE AMOUNT OR TOTAL VALUE OF THE ILL-GOTTE

AMASSED, ACCUMULATED OR AC"UIRED IS AT LEAST P0,000,000.00.

• 2NOTE) THE THRESHHOLD AMOUNT IS ORIGINALLY P7 MILLION UNDER RA 7080. THIS WA

769 %199+', WHICH IS AN ACT IMPOSING THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES INCLUD

DECREASING THE THRESHHOLD AMOUNT TO P0 MILLION.



COMPETENT COURT

UNTIL OTHERWISE PROVIDED

LAW, ALL PROSECUTIONS UN THIS ACT SHALL BE WITHIN T

ORIGINAL $URISDICTION OF T

SANDIGANBAYAN



RULE OF EVIDENCE

FOR PURPOSES OF ESTABLISHING THE CRIME PLUNDER, IT SHALL NOT BE NECESSARY TO PREACH AND EVERY CRIMINAL ACT DONE BY THEACCUSED IN FURTHERANCE OF THE SCHEME OCONSPIRACY TO AMASS, ACCUMULATE OR ACGOTTEN WEALTH, IT BEING SUFFICIENT TO ES

BEYOND REASONABLE DOUBT A PATTERN OF CRIMINAL ACTS INDICATIVE OF THE OVERALLUNLAWFUL SCHEME OR CONSPIRACY.



SUSPENSION AND LOSS OF BENEFITANY PUBLIC OFFICER AGAINST WHOM ANY CRIMINAL PRUNDER A VALID INFORMATION UNDER THIS ACT IN WHAT

STAGE OF EECUTION AND MODE OF PARTICIPATION, IS COURT, SHALL BE SUSPENDED FROM OFFICE. SHOULD HCONVICTED BY FINAL $UDGMENT, HE SHALL LOSE ALL ROR GRATUITY BENEFITS UNDER ANY LAW, BUT IF HE IS AHE SHALL BE ENTITLED TO REINSTATEMENT AND TO THE

AND OTHER BENEFITS WHICH HE FAILED TO RECEIVE DUSUSPENSION, UNLESS IN THE MEANTIME, ADMINISTRATIVPROCEEDINGS HAVE BEEN FILED AGAINST HIM.



PRESCRIPTION OF CRIMES

THE CRIME PUNISHABLE UNDER THIS AC

SHALL PRESCRIBE IN TWENTY %&0' YEAR HOWEVER, THE RIGHT OF THE STATE TORECOVER PROPERTIES UNLAWFULLY AC"BY PUBLIC OFFICERS FROM THEM OR FR

THEIR NOMINEES OR TRANSFEREES SHABE BARRED BY PRESCRIPTION, LACHES, ESTOPPEL.



PLUNDER UNDER RA 7080; PRESCRIPTIVE PERIOD (

THROUGH !IC!BAC!S, PERCENTAGES OR COMMISSIONS AND OTHER FRAUDSCHEMES (CONVEYANCES AND TA!ING ADVANTAGE OF HIS POSITION, ANDYMAYOR OF A SUBURBAN TOWN, AC"UIRED ASSETS AMOUNTING TO P10 BILLIS GROSSLY DISPROPORTIONATE TO HIS LAWFUL INCOME. DUE TO HIS INFLUCONNECTIONS AND DESPITE !NOWLEDGE BY THE AUTHORITIES OF HIS ILL-GWEALTH, HE WAS CHARGED WITH THE CRIME OF PLUNDER ONLY AFTER TWE YEARS FROM HIS DEFEAT IN THE LAST ELECTIONS HE PARTICI-PATED IN.

1' MAY ANDY STILL BE HELD CRIMINALLY LIABLE4 WHY4

&' CAN THE STATE STILL RECOVER THE PROPERTIES AND THAT HE ILLEGALLY AC"UIRED, THE BUL! OF WHICH ISNAME OF HIS WIFE AND CHILDREN4 REASON OUT.



1' MAY ANDY STILL BE HELD CRIMINALLY LIABLE4 WHY4

&' CAN THE STATE STILL RECOVER THE PROPERTIES AND ASSETS THAT HE ILLEGAC"UIRED, THE BUL! OF WHICH IS IN THE NAME OF HIS WIFE AND CHILDREN4 R



1. MAY ANDY STILL BE HELD CRIMINALLY LIABLE4

SUGGESTED ANSWER:

1' ANDY WILL NOT BE CRIMINALLY LIABLE BECAUSE SECTION 6 OF R

PROVIDES THAT THE CRIME PUNISHABLE UNDER THIS ACT SHALL PRIN TWENTY YEARS AND THE PROBLEM AS!ED WHETHER ANDY CAN S

CHARGED WITH THE CRIME OF PLUNDER AFTER &0 YEARS.



CAN THE STATE STILL RECOVER THE PROPERTIESASSETS THAT HE ILLEGALLY AC"UIRED, THE BUL! OFIS IN THE NAME OF HIS WIFE AND CHILDREN4 REASO

SUGGESTED ANSWER:

&' YES, BECAUSE SECTION 6 PROVIDES THAT RECOV

PROPERTIES UNLAWFULLY AC"UIRED BY PUBLIC OFFROM THEM OR THEIR NOMINEES OR TRANSFEREE

NOT BE BARRED BY PRESCRIPTION, LACHES OR EST

anti plunder act ra 7080

Documents