QuestionsQuestions (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.
“Government” includes the National Government and any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporations and their subsidiaries. This broad definition helps determine what funds/assets or projects are covered under the law.
It refers to any asset, property, business enterprise, or material possession acquired by a person within Section 2’s purview through dummies, nominees, agents, subordinates, and/or business associates by certain unlawful means listed in Section 1(d).
They include: (1) misappropriation/conversion/misuse/malversation or raids on the public treasury; (2) kickbacks/commissions/gifts/share/percentage or other pecuniary benefits in connection with government contracts/projects or by reason of office; (3) illegal or fraudulent conveyance/disposition of government assets; (4) obtaining/receiving/accepting shares/equity or interest including promise of future employment; (5) establishing monopolies or implementing decrees/orders for special interests; and (6) taking undue advantage of official position/authority/relationship/connection/influence to unjustly enrich at the expense of the Filipino people.
The aggregate amount or total value of ill-gotten wealth must be at least ₱75,000,000.00.
A public officer, by himself or in connivance with specified persons, amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1(d).
The statute includes members of family, relatives by affinity or consanguinity, business associates, subordinates, or other persons.
Life imprisonment with perpetual absolute disqualification from holding any public office.
Any person who participated with the public officer in the commission of plunder shall likewise be punished.
The court must consider the degree of participation and the attendance of mitigating and extenuating circumstances.
The court shall declare all ill-gotten wealth and their interests and other incomes and assets, including properties and shares of stock derived from the deposit or investment thereof, forfeited in favor of the State.
Until otherwise provided by law, prosecutions under the Act are within the original jurisdiction of the Sandiganbayan.
It is not necessary to prove each and every criminal act done by the accused in furtherance of the scheme/conspiracy; it suffices to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.
No. The law allows conviction by proof of a pattern of overt or criminal acts indicating the overall scheme, without requiring proof of each and every criminal act.
The public officer is suspended from office while the criminal prosecution is pending, in whatever stage and mode of participation.
If convicted by final judgment, the public officer loses all retirement or gratuity benefits under any law. If acquitted, the public officer is entitled to reinstatement and to salaries and other benefits not received during suspension, unless administrative proceedings were filed in the meantime.
The crime prescribes in twenty (20) years.
No. The right of the State to recover properties unlawfully acquired from the public officer or from nominees/transferees is not barred by prescription, laches, or estoppel.
RA 7080 shall not apply to or affect pending prosecutions/ proceedings, or those instituted which may be instituted under Executive Order No. 1 issued on February 28, 1986.