Crime and Senator Joseph Estrada

The some discussed law these days is Re frequent Act 7080 otherwise k promptlyn as the law on foul up. Seen as a deterrent to prevent existence officials from stealing money from the government, the plunder law was passed in 1991 with the most epoch-making signatory being one Senator Joseph Estrada. In this edition of the Law Professor, we shall now examine the intricacies of the dough Law. What is plunder and how is it committed?According to sectionalisation 2 of RA 7080, plunder is committed when a human beings officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, contrast sector associates, subordinates or other persons, amasses, accumulates or acquires marked-up wealth through a combination or series of overt or criminal acts as described in Section 1 (d) of RA 7080 in the gather meter or total quantify of at least lambert million pesos (P50,000,000. 00).In addition, both person who participated with the said public officer in the commission of plunder shall likewise be punished. The criminal acts described in Section 1 (d) are as follows 1. Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury 2. By receiving, right off or indirectly, any commission, gift, share, percentage, kickbacks or any/or entity in participation with any government contract or project or by reason of the office or position of the public officer pertain 3.By the illegal or fraudulent conveyance or disposition of assets belong 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 the promise of future employment in any business enterprise or undertaking 5.By establishing agricultural, industrial or commercial mon opolies 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, corporation or influence to unjustly enrich himself or themselves at the spending and to the damage and prejudice of the Filipino people and the Republic of the Philippines. In the maestro version of RA 7080, the offender was liable only if the aggregate amount amassed is at least Seventy-five million pesos(P75,000,000. 00) with the corresponding penalty of sprightliness imprisonment with perpetual absolute disqualification from holding any public office. However, RA 7659 (The Death punishablety Law) amended Section 2 of RA 7080, and displace the amount to Fifty million pesos and increased the imposable penalty to death, to wit Sec. 12. Section 2 of Republic Act No. 7080 (An Act Defining and Penalizing the shame of Plunder) is hereby amended to read as follows Sec. 2. Definition of the Crime of Plunder Penalties. Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000. 00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death.Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for such offense. In the imposition of penalties, the arcdegree of participation and the attendance of mitigating and extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests and ot her incomes and assets including the properties and shares of stocks derived from the deposit or investment thereof waive in favor of the State. Section 4 of RA 7080 also prescribes the system for proving that the crime of plunder was committed. It states that for purposes of establishing the crime of plunder, it shall not be necessary to fix each and every criminal act done by the accuse in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond intelligent doubt a pattern of overt or criminal acts significative of the overall unlawful scheme or conspiracy.