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    RA 7080 - Anti-Plunder Act

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    Krister Vallente
    This document defines and penalizes the crime of plunder in the Philippines. It defines plunder as any public officer who amasses at least 75 million pesos worth of ill-gotten wealth through a combination of criminal acts like misuse of public funds, receiving kickbacks, or taking advantage of their position. Anyone who participates with the public officer can also be punished. If convicted, the public officer will face life imprisonment and lose the ability to hold public office. Their ill-gotten wealth and assets will be forfeited to the state.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    RA 7080 - Anti-Plunder Act

    Uploaded by

    Krister Vallente
    106 views2 pages
    This document defines and penalizes the crime of plunder in the Philippines. It defines plunder as any public officer who amasses at least 75 million pesos worth of ill-gotten wealth through a combination of criminal acts like misuse of public funds, receiving kickbacks, or taking advantage of their position. Anyone who participates with the public officer can also be punished. If convicted, the public officer will face life imprisonment and lose the ability to hold public office. Their ill-gotten wealth and assets will be forfeited to the state.

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    Anti-Plunder Act

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    44. RA 7080 - Anti-Plunder Act

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    This document defines and penalizes the crime of plunder in the Philippines. It defines plunder as any public officer who amasses at least 75 million pesos worth of ill-gotten wealth through a combination of criminal acts like misuse of public funds, receiving kickbacks, or taking advantage of their position. Anyone who participates with the public officer can also be punished. If convicted, the public officer will face life imprisonment and lose the ability to hold public office. Their ill-gotten wealth and assets will be forfeited to the state.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    106 views2 pages

    RA 7080 - Anti-Plunder Act

    Uploaded by

    Krister Vallente
    This document defines and penalizes the crime of plunder in the Philippines. It defines plunder as any public officer who amasses at least 75 million pesos worth of ill-gotten wealth through a combination of criminal acts like misuse of public funds, receiving kickbacks, or taking advantage of their position. Anyone who participates with the public officer can also be punished. If convicted, the public officer will face life imprisonment and lose the ability to hold public office. Their ill-gotten wealth and assets will be forfeited to the state.

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    © All Rights Reserved
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    July 12, 1991

    REPUBLIC ACT NO. 7080

    AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER

    SECTION 1. Definition of Terms. — As used in this Act, the term —


    a) Public Of cer means any person holding any public of ce in the
    Government of the Republic of the Philippines by virtue of an
    appointment, election or contract. aisa dc

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

    2) By receiving, directly or indirectly, any commission, gift, share,


    percentage, kickbacks or any other form of pecuniary bene t
    from any person and/or entity in connection with any
    government contract or project or by reason of the of ce 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 bene t particular persons or special
    interests; or
    6) By taking undue advantage of of cial position, authority,
    relationship, connection or in uence 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. cdt

    CD Technologies Asia, Inc. 2016 cdasiaonline.com


    SECTION 2. De nition of the Crime of Plunder ; Penalties. — Any public of cer
    who, by himself or in connivance with members of his family, relatives by af nity or
    consanguinity, business associates, subordinates or other persons, amasses,
    accumulates or acquires ill-gotten wealth through a combination or series of overt or
    criminal acts as described in Section 1(d) hereof, in the aggregate amount or total value
    of at least Seventy- ve million pesos (P75,000,000.00), shall be guilty of the crime of
    plunder and shall be punished by life imprisonment with perpetual absolute
    disquali cation from holding any public of ce. Any person who participated with said
    public of cer in the commission of plunder shall likewise be punished. In the imposition
    of penalties, the degree of participation and the attendance of mitigating and
    extenuating circumstances shall be considered by the court. The court shall declare any
    and all ill-gotten wealth and their interests and other incomes and assets including the
    properties and shares of stock derived from the deposit or investment thereof
    forfeited in favor of the State.
    SECTION 3. Competent Court. — Until otherwise provided by law, all prosecutions
    under this Act shall be within the original jurisdiction of the Sandiganbayan.aisa dc

    SECTION 4. Rule of Evidence. — For purposes of establishing the crime of


    plunder, it shall not be necessary to prove each and every criminal act done by the
    accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire
    ill-gotten wealth, it being suf cient to establish beyond reasonable doubt a pattern of
    overt or criminal acts indicative of the overall unlawful scheme or conspiracy.
    SECTION 5. Suspension and Loss of Bene ts . — Any public of cer against whom
    any criminal prosecution under a valid information under this Act in whatever stage of
    execution and mode of participation, is pending in court, shall be suspended from
    of ce. Should he be convicted by nal judgment, he shall lose all retirement or gratuity
    benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to
    the salaries and other bene ts which he failed to receive during suspension, unless in
    the meantime, administrative proceedings have been filed against him.
    SECTION 6. Prescription of Crimes. — The crime punishable under this Act shall
    prescribe in twenty (20) years. However, the right of the State to recover properties
    unlawfully acquired by public of cers from them or from their nominees or transferees
    shall not be barred by prescription, laches, or estoppel.
    SECTION 7. Separability of Provisions. — If any provisions of this Act or the
    application thereof to any person or circumstance is held invalid, the remaining
    provisions of this Act and the application of such provisions to other persons or
    circumstances shall not be affected thereby.
    SECTION 8. Scope. — This Act shall not apply to or affect pending prosecutions
    or proceedings, or those which may be instituted under Executive Order No. 1, issued
    and promulgated on February 28, 1986. cdasia

    SECTION 9. Effectivity. — This Act shall take effect after fteen (15) days from
    its publication in the Official Gazette and in a newspaper of general circulation.
    Approved: July 12, 1991
    Published in Malaya on July 18, 1991. Published in the Of cial Gazette, Vol. 87 No. 37 page
    5488 on September 23, 1991.

    CD Technologies Asia, Inc. 2016 cdasiaonline.com

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