Core definitions and terms
- Republic Act No. 7080, Section 1 defines “Public Officer” as any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract.
- Republic Act No. 7080, Section 1 defines “Government” to include the National Government, and any of its subdivisions, agencies or instrumentalities, including government-owned or controlled corporations and their subsidiaries.
- Republic Act No. 7080, Section 1 defines “Person” to include any natural or juridical person, unless the context indicates otherwise.
- Republic Act No. 7080, Section 1 defines “Ill-gotten wealth” to mean any asset, property, business enterprise or material possession of any person within the purview of Section 2, acquired directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes:
- Acquisition through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury.
- Acquisition through 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.
- Acquisition through 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.
- Acquisition through 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.
- Acquisition through establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests.
- Acquisition through 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.
Crime of plunder: what must be shown
- Republic Act No. 7080, Section 2 makes it a crime when any public officer amasses, accumulates or acquires ill-gotten wealth.
- The acquisition must be done by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons.
- The acquisition must occur through a combination or series of overt or criminal acts described in Section 1(d).
- The ill-gotten wealth must reach an aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00).
- Republic Act No. 7080, Section 2 also provides that any person who participated with the public officer in the commission of plunder shall be punished.
Penalties, forfeiture, and participation
- Republic Act No. 7080, Section 2 provides that the public officer is punished by life imprisonment.
- Republic Act No. 7080, Section 2 requires perpetual absolute disqualification from holding any public office as part of the punishment for plunder.
- Republic Act No. 7080, Section 2 directs the court, in imposing penalties, to consider the degree of participation and the attendance of mitigating and extenuating circumstances.
- Republic Act No. 7080, Section 2 requires the court to declare any and all ill-gotten wealth and their interests and other incomes and assets, including properties and shares of stocks derived from the deposit or investment thereof, forfeited in favor of the State.
Forum and rule on proof
- Republic Act No. 7080, Section 3 provides that prosecutions under the Act fall under the original jurisdiction of the Sandiganbayan until otherwise provided by law.
- Republic Act No. 7080, Section 4 provides that, to establish the crime of plunder, it is not necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy.
- Republic Act No. 7080, Section 4 states that it is sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.
Suspension and loss of benefits
- Republic Act No. 7080, Section 5 provides that any public officer against whom a criminal prosecution under a valid information is pending in court is suspended from office.
- The suspension applies in whatever stage of execution and mode of participation.
- Republic Act No. 7080, Section 5 provides that if the public officer is convicted by final judgment, he loses all retirement or gratuity benefits under any law.
- Republic Act No. 7080, Section 5 provides that if the public officer is acquitted, he is entitled to reinstatement and to the salaries and other benefits which he failed to receive during suspension.
- Republic Act No. 7080, Section 5 limits reinstatement and salary/benefits entitlement if, in the meantime, administrative proceedings have been filed against him.
Prescription and state recovery
- Republic Act No. 7080, Section 6 provides that the crime under the Act prescribes in twenty (20) years.
- Republic Act No. 7080, Section 6 states that the State’s right to recover properties unlawfully acquired by public officers from them or from their nominees or transferees is not barred by prescription, laches, or estoppel.
Separability, pending cases, and transitory rule
- Republic Act No. 7080, Section 7 provides separability: if any provision or its application is held invalid, the remaining provisions and applications to other persons or circumstances are not affected.
- Republic Act No. 7080, Section 8 provides that the Act shall not apply to or affect pending prosecutions or proceedings, or those instituted under Executive Order No. 1, issued and promulgated on February 28, 1986.