Nothing Special   »   [go: up one dir, main page]

Republic Act NO. 7080: An Act Defining and Penalizing The Crime of Plunder Approved: July 12, 1991

Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1of 21

REPUBLIC ACT

NO. 7080
AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER

Approved: July 12, 1991


ANTI PLUNDER BILLS
 Led by then Senator Jovito R Solonga and Representative Lorna Yap during the 9 th Congress.
 Signed by Fomer President Corazon “Cory” Aquino in the year 1991

REPUBLIC ACT NO. 7080


WHAT IS PLUNDER?
Plunder is done by any 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 a combination or series of overt
criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at
least Fifty million pesos (P50,000,000.00)

REPUBLIC ACT NO. 7080


WHO CAN BE LIABLE?
 PUBLIC OFFICER who committed Plunder
 PERSONS who connived with the said PUBLIC OFFICER

REPUBLIC ACT NO. 7080


SUSPENSION AND LOSS OF
BENEFITS
 Public Officers have BENEFITS attached to their Public Position
 Section 5
 Any public officer against whom any criminal prosecution under a valid information under this Act
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

REPUBLIC ACT NO. 7080


DEFINITION OF TERMS
 “in connivance” an agreement or consent to commit an unlawful act or deed with or by
another, to connive being to cooperate secretly or privately with another.
 “Public Officer” any person holding any public office in the Government of the Republic of
the Philippines by virtue of an appointment, election or contract.
 “Person” any natural or juridical person, unless the context indicates otherwise.
 “Ill-gotten wealth” 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.

REPUBLIC ACT NO. 7080


PENALTIES
 The Public Officer is punished by Reclusion Perpetua (20 to 40 Years of Imprisonment) TO
DEATH
 The penalty also extends to any persons who connived and participated in the ac of Plunder.

REPUBLIC ACT NO. 7080


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.

REPUBLIC ACT NO. 7080


THANK YOU!

REPUBLIC ACT NO. 7080


SECTION 1. DEFINITION OF
TERMS.
 “Public Officer” any person holding any public office in the Government of the Republic of
the Philippines by virtue of an appointment, election or contract

 “Government” the National Government, and any of its subdivisions, agencies or


instrumentalities, including government-owned or -controlled corporations and their
subsidiaries.

 “Person” any natural or juridical person, unless the context indicates otherwise.

REPUBLIC ACT NO. 7080


SECTION 1. DEFINITION OF
TERMS.
 “Ill-gotten wealth” 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:

 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 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;

REPUBLIC ACT NO. 7080


SECTION 1. CONT.
 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.

REPUBLIC ACT NO. 7080


SECTION 2. DEFINITION OF
THE CRIME OF PLUNDER;
PENALTIES.
 Any 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 a combination or series of overt or criminal acts as described in Section 1(d) hereof in
the aggregate amount or total value of
 at least Fifty million pesos (P50,000,000.00)
 shall be guilty of the crime of plunder and shall be punished by RECLUSION PERPETUA
TO DEATH.

REPUBLIC ACT NO. 7080


SECTION 2. DEFINITION OF
THE CRIME OF PLUNDER;
PENALTIES.
 Any person who participated with the said public officer in the commission of an offense
contributing to the crime of plunder shall likewise be punished for such offense.
 In the imposition of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the
court.
 The court shall declare any and all ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stocks derived from the deposit or investment
thereof forfeited in favor of the State. (As amended by RA 7659, approved Dec. 13, 1993.)

REPUBLIC ACT NO. 7080


SECTION 3.COMPETENT
COURT
 Until otherwise provided by law, all prosecutions under this Act shall be within the original
jurisdiction of the Sandiganbayan.

REPUBLIC ACT NO. 7080


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.

REPUBLIC ACT NO. 7080


SECTION 5. SUSPENSION AND
LOSS OF BENEFITS
 Any public officer against whom any criminal prosecution under a valid information under
this Act 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.

REPUBLIC ACT NO. 7080


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.

REPUBLIC ACT NO. 7080


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.

REPUBLIC ACT NO. 7080


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.

REPUBLIC ACT NO. 7080


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.

REPUBLIC ACT NO. 7080

You might also like