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Jamaliah Report For Book 2

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R.A.

7080
UNTI- PLUNDER ACT
LAWS OF THE REPUBLIC OF THE
PHILIPPINES
PLUNDER
-
SECTION 1. DEFINATION OF TERMS
a. ‘Public officer’ means ay person holding any public office in
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 own.
c. ‘Person’ includes ant natural or juridical person, unless the
context indicates otherwise.
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. Any person who participated with the said public
officer in the commission of an offense contributing to the crime of
plunder shalllikewise be punished for such offense.
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 illgotten 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 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. SEPARBILITYOF 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.

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