Eighth Congress: Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Eighth Congress: Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Eighth Congress: Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
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Eighth Congress
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
a) Public Officer means any person holding any public office in the Government of the Republic of the
Philippines by virtue of an appointment, election or contract.
b) Government includes the National Government, and any of its subdivisions, agencies or instrumentalities,
including government-owned or -controlled corporations and their subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person
within the purview of Section Two (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:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other
form of pecuniary benefit from any person and/or entity in connection with any government contract or
project or by reason of the office or position of the public officer concerned;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other
form of interest or participation including promise of future employment in any business enterprise or
undertaking;
Section 3. Competent Court - Until otherwise provided by law, all prosecutions under this Act shall be within the
original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - 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.
Section 5. Suspension and Loss of Benefits - Any public officer against whom any criminal prosecution under a
valid information under this Act in whatever stage of execution and mode of participation, is pending in court, shall
be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits
under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and other benefits
which he failed to receive during suspension, unless in the meantime, administrative proceedings have been filed
against him.
Section 6. Prescription of Crimes - The crime punishable under this Act shall prescribe in twenty (20) years.
However, the right of the State to recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of this Act or the application thereof to any person or
circumstance is held invalid, the remaining provisions of this Act and the application of such provisions to other
persons or circumstances shall not be affected thereby.
Section 8. Scope - This Act shall not apply to or affect pending prosecutions or proceedings, or those which may be
instituted under Executive Order No. 1, issued and promulgated on February 28, 1986.
Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its publication in the Official Gazette
and in a newspaper of general circulation.