REPUBLIC ACT 7080 (PLUNDER LAW)

Who may be held liable under the law?

1) Any public officer, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons; and

2) Any person who participated with the said public officer in the commission of the offense contributing the crime of plunder.

What are the acts constituting the offense?

Amassing, accumulating, or acquiring ill-gotten wealth through a combination or series of overt criminal acts in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00).

What is ill-gotten wealth?

It means asset, property, business enterprise or material possession of any person 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.

What is the penalty for the violation of the law?

Reclusion perpetua to death. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court.