Lecture 6

R.A.
7080
ANTI-PLUNDER
LAW
PUBLIC OFFICER
any person holding any public office
in the government of the republic of
the philippines by virtue of an
appointment, election or contract.
GOVERNMENT
includes the national government, and any of its subdivisions, agencies
or instrumentalities, including government-owned or -controlled
corporations and their subsidiaries.
PERSON
includes any natural or juridical person,
unless the context indicate otherwise.
ILL-GOTTEN WEALTH
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;
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.) establishing agricultural, industrial or commercial monopolies
or other combinations and/or implementing decrees and orders
intended to benefit particular persons or special interests
6.) taking undue advantage of official position, authority,
relationship, influence or connection to unjustly enrich oneself at
the expense of the filipino people and the republic of the
philippines
COMBINATION / SERIES
a "combination" under the definition of ill-
gotten wealth refers to at least 2 of any of the
above categories.
a "series" refers to 2 or more overt criminal
acts within each category.
PUNISHABLE ACT
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 (P 50,000,000.00) shall be guilty of the crime
of plunder
PENALTY
it 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 degree 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 other incomes and
assets including the properties and shares of stocks derived from the deposit or investment
thereof forfeited in favour of the state."
Jurisdiction
All prosecutions under this act shall be
within the original jurisdiction of the
Sandiganbayan.
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
sufficient to establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the overall unlawful
scheme or conspiracy.
SUSPENSION AND LOSS OF BENEFITS
any public officer 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 office. should he
be convicted by final 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 benefits which he failed to
receive during suspension, unless in the meantime, administrative
proceedings have been filed against him.
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 officers from them or from
their nominees or transferees shall not be barred by
prescription, laches, or estoppel.
BP 22
BOUNCING
CHECKS LAW
PUNISHABLE ACTS
• any person who makes or draws and issues any check to apply on account or for value,
knowing at the time of issue that he does not have sufficient funds in or credit with the
drawee bank for the payment of such check in full upon its presentment, which check is
subsequently dishonored by the drawee bank for insufficiency of funds or credit or would
have been dishonored for the same reason had not the drawer, without any valid reason,
ordered the bank to stop payment
• shall be punished by imprisonment of not less than thirty days but not more than one (1)
year or by a fine of not less than but not more than double the amount of the check which
fine shall in no case exceed two hundred thousand pesos, or both such fine and
imprisonment at the discretion of the court.
• the same penalty shall be imposed upon any person who, having
sufficient funds in or credit with the drawee bank when he makes or
draws and issues a check, shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date appearing thereon, for
which reason it is dishonored by the drawee bank.
• where the check is drawn by a corporation, company or entity, the
person or persons who actually signed the check in behalf of such
drawer shall be liable under this act.
•
NOTE: Failure of the drawer to settle the
amount within 5 banking days is conclusive
evidence of knowledge of insufficient funds
THANK
YOU!

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