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What is the applicable law on plunder?

Plunder is covered by Republic Act No. 7080 (“An Act Defining and Penalizing the Crime of Plunder”), as amended.

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What’s the definition of a “public officer”?

A “public officer” means any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract.

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What is “ill-gotten wealth”?

Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within the purview of Section 2 (defining the crime of plunder) of the law, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes:

    1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;

    2) By 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;

    3) By the 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;

    4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking;

    5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or

    6) By 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.

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What is the court that has jurisdiction over the crime of plunder?

Until otherwise provided by law, all prosecutions under the law is at the Sandiganbayan. The Supreme Court clarified that the Sandiganbayan has no jurisdiction over the crime of plunder unless committed by public officials and employees occupying the positions with Salary Grade “27″ or higher, under the Compensation and Position Classification Act of 1989 (Republic Act No. 6758) in relation to their office. This is pursuant to Republic Act No. 8429 (1997), which is the special law that provided for the jurisdiction of the Sandiganbayan “otherwise” than that prescribed in Republic Act No. 7080.

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What is the effect of a charge of plunder on a public officer still in office?

Any public officer against whom any criminal prosecution under a valid information under this law in whatever stage of execution and mode of participation, is pending in court, shall be suspended from office.

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Upon conviction, what is the other penalty in addition to imprisonment?

In case of conviction by final judgment, the accused shall lose all retirement or gratuity benefits under any law. However, if the accused 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.

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