Anti-Plunder Law (RA 7080)
I. DEFINITION OF TERMS (Sec. 1)
ILL-GOTTEN WEALTH - Any asset, property, business enterprise or material possession of any person within the purview of Section 2 hereof, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes...
II. ACTS PUNISHED
A. Sec. 1(d):
- Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
- By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned;
- By the illegal or fraudulent conveyance or disposition of assets belonging to the National government or any of its subdivisions, agencies or instrumentalities or government-owned or –controlled corporations and their subsidiaries;
- By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future employment in any business enterprise or undertaking;
- By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or
- By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines
B. PLUNDER (Sec. 2)
- When a public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through combination or series of overt or criminal acts as described in Sec. 1 (d) in the aggregate amount or total value of at least 50 million pesos.
- Any person who participated with the said public officer in the commission of plunder shall likewise be punished.
III. FORFEITURE OF ILL-GOTTEN WEALTH (Sec. 2)
The court shall declare any and all ill-gotten wealth and their interests, other incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof forfeited in favour of the State.
IV. COMPETENT COURT (Sec. 3)
Sandiganbayan (OJ) -> appeal to SC
V. RULE OF EVIDENCE (Sec. 4)
For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.
VI. SUSPENSION AND LOSS OF BENEFITS (Sec. 5)
Mere filing of information for plunder warrants suspension (no period).
CONVICTION: lose all retirement or gratuity benefits under any law
ACQUITTAL: entitled to reinstatement and to salaries and other benefits which he failed to receive during suspension, unless in the meantime, administrative proceedings have been filed against him
VII. PRESCRIPTION (Sec. 6)
20 years – crimes punishable under this act
No period – right of State to recover
