Law Summary
Definition of the Crime of Plunder and Penalties
- Crime of Plunder: Committed by a public officer who, alone or with family, associates, or subordinates, amasses ill-gotten wealth worth at least 75 million pesos through overt or criminal acts.
- Penalty: Life imprisonment and perpetual absolute disqualification from holding public office.
- Others involved in the commission shall also be punished.
- Court considers degree of participation and mitigating or extenuating circumstances.
- Forfeiture of all ill-gotten wealth, investments, income, assets, and stocks in favor of the State.
Competent Court
- Prosecutions under this Act are under the original and exclusive jurisdiction of the Sandiganbayan until otherwise provided by law.
Rule of Evidence
- It is unnecessary to prove each criminal act; establishing a pattern of overt or criminal acts indicating the unlawful scheme suffices to prove plunder.
Suspension and Loss of Benefits
- Public officers charged under this law are suspended from office while prosecution is pending.
- Upon conviction, they lose all retirement or gratuity benefits.
- Acquitted officers are entitled to reinstatement and back pay unless administrative proceedings exist.
Prescription of the Crime
- The crime of plunder prescribes after 20 years.
- The State's right to recover unlawfully acquired properties is not barred by prescription, laches, or estoppel.
Separability Clause
- If any provision is invalidated, other provisions remain effective and applicable to other persons or circumstances.
Scope of the Act
- The Act does not apply to or affect pending prosecutions under Executive Order No. 1 dated February 28, 1986.
Effectivity
- The Act takes effect fifteen (15) days after its publication in the Official Gazette and in a newspaper of general circulation.