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ANTI-PLUNDER ACT
Republic Act No. 7080
July 12, 1991
Case Overview and Summary
Summary of Republic Act No. 7080 (An Act Defining and Penalizing the Crime of Plunder)Definitions (Section 1):
- Public Officer: Any person holding public office in the Philippine government by appointment, election or contract.
- Government: Includes the national government, subdivisions, agencies, instrumentalities, and government-owned or controlled corporations.
- Person: Includes natural or juridical persons.
- Ill-gotten wealth: Assets, properties, businesses acquired by a public officer through:
- Misappropriation, conversion, misuse or malversation of public funds (Section 1(d)(1)).
- Receiving commissions, gifts, kickbacks from government contracts (Section 1(d)(2)).
- Illegal conveyance or disposition of government assets (Section 1(d)(3)).
- Obtaining interests in businesses through official position (Section 1(d)(4)).
- Establishing monopolies or implementing decrees benefiting special interests (Section 1(d)(5)).
- Taking undue advantage of position to enrich oneself at the expense of the public (Section 1(d)(6)).
Crime of Plunder (Section 2):
- A public officer who amasses ill-gotten wealth of at least 75 million pesos through a combination or series of acts described in Section 1(d) is guilty of plunder.
- Punishable by life imprisonment and perpetual absolute disqualification from public office.
- Accomplices shall also be punished, with consideration of degree of participation and mitigating/extenuating circumstances.
- Ill-gotten wealth and interests shall be forfeited in favor of the State.
Jurisdiction and Evidence (Sections 3-4):
- Sandiganbayan has original jurisdiction over plunder cases (Section 3).
- Not necessary to prove each criminal act, only to establish a pattern indicative of the overall unlawful scheme (Section 4).
Suspension and Loss of Benefits (Section 5):
- Public officer charged with plunder shall be suspended from office.
- If convicted, shall lose retirement/gratuity benefits; if acquitted, shall be reinstated and receive salaries during suspension.
Prescription Period (Section 6):
- Crime of plunder prescribes in 20 years.
- State's right to recover unlawfully acquired properties is not barred by prescription, laches or estoppel.
Other Provisions (Sections 7-9):
- Separability clause for invalid provisions (Section 7).
- Does not affect pending prosecutions under Executive Order No. 1 (Section 8).
- Effectivity 15 days after publication in the Official Gazette and newspaper (Section 9).
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ANTI-PLUNDER ACT
Republic Act No. 7080
•July 12, 1991
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eighth Congress
Republic Act No. 7080             July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Definition of Terms - As used in this Act, the term -
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.
b) Government includes the National Government, and any of its subdivisions, agencies or instrumentalities, including government-owned or -controlled corporations and their subsidiaries.
c) Person includes any natural or juridical person, unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within the purview of Section Two (2) hereof, 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:...
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