Question & AnswerQ&A (Republic Act No. 7080)
A "Public Officer" is any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election, or contract.
The term "Government" includes the National Government and any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations and their subsidiaries.
"Ill-gotten wealth" refers to any asset, property, business enterprise, or material possession acquired directly or indirectly through a series of acts such as misappropriation, receiving commissions or kickbacks from government contracts, illegal disposition of assets, unfair shares in business enterprises, monopolies, or taking undue advantage of official position to unjustly enrich oneself at the expense of the Filipino people and the Republic.
The accumulation or acquisition of ill-gotten wealth must be at least Seventy-five million pesos (P75,000,000.00) in total value to constitute the crime of plunder.
The penalty is life imprisonment with perpetual absolute disqualification from holding any public office.
Yes, any person who participated with the public officer in the commission of plunder shall likewise be punished.
The Sandiganbayan has original jurisdiction over all prosecutions under this Act until otherwise provided by law.
No, it is sufficient to prove beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.
The public officer shall be suspended from office during the pendency of the criminal prosecution.
Upon conviction, the public officer shall lose all retirement or gratuity benefits under any law.
If acquitted, the public officer is entitled to reinstatement and to receive the salaries and other benefits that he failed to receive during suspension unless administrative proceedings have been filed in the meantime.
The crime of plunder prescribes in twenty (20) years.
No, the right of the State to recover unlawfully acquired properties shall not be barred by prescription, laches, or estoppel.
The court shall declare all ill-gotten wealth and related interests, incomes, and assets including properties and shares derived from deposit or investment forfeited in favor of the State.
No, the Act does not apply to or affect pending prosecutions or proceedings instituted under Executive Order No. 1 issued on February 28, 1986.