RA 7080 --- PLUNDER LAW

For the crime of plunder to be committed, the accused public officer must have amassed illgotten wealth of not less than 50 million pesos. If the public officer therefore after having amassed 49 million and so many hundreds already stop, this crime cannot be incurred. The second requisite: The amount must be incurred by at least 2 acts covered by different paragraphs under Section 1(d) of the law. At least 2 of the said paragraphs must be violated. This was the interpretation made by the SC because the law provides for a combination or series of overt or criminal acts. So since the law used the word ‘combination’, 2 at least is required. So if the P50 million was accumulated by one act of receiving kickback, that cannot give rise to the crime of plunder. There must be another commission of subsection d Section 1 - the second one, that is already obtaining or accumulating ill gotten wealth. But if the ill-gotten wealth was accumulated through a series of acts, the series of acts maybe under the same enumeration. If there are only 2, it must be fall under different paragraphs or enumeration in that subsection d. So if the same act was committed twice, that cannot bring about the crime of plunder Important word ‘COMBINATION’. Another important aspect of this crime: The violation is held to be a malum in se. That means the criminal intent must be established in accumulating the ill-gotten wealth of at least 50 million pesos for it to be punished. REPUBLIC ACT No. 8049 AN ACT REGULATING HAZING AND OTHER FORMS OF INITIATION RITES IN FRATERNITIES, SORORITIES, AND OTHER ORGANIZATIONS AND PROVIDING PENALTIES THEREFOR Section 1. Hazing, as used in this Act, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. The term "organization" shall include any club or the Armed Forces of the Philippines, Philippine National Police, Philippine Military Academy, or officer and cadet corp of the Citizen's Military Training and Citizen's Army Training. The physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police as approved ny the Secretary of National Defense and the National Police Commission duly recommended by the Chief of Staff, Armed Forces of the Philippines and the Director General of the Philippine National Police shall not be considered as hazing for the purposes of this Act. Section 2. No hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of the initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites.

(d) when the hazing is committed outside of the school or institution. 3. 5. 2 months and one day to 6 years) if in consequence of the hazing the victim sustained physical injuries which do not prevent him from engaging in his habitual activity or work nor require medical attendance. The penalty of reclusion temporal in its minimum period (12 years and one day to 14 years and 8 months) if in consequence of the hazing the victim shall become deformed or shall have lost any other part of his body. The maximum penalty herein provided shall be imposed in any of the following instances: (a) when the recruitment is accompanied by force. may impose the appropriate administrative sanctions on the person or the persons charged under this provision even before their conviction. to be present during the initiation. If the hazing is held in the home of one of the officers or members of the fraternity. group. 4 months and 1 day to 20 years) if in consequence of the hazing the victim shall become insane. 4. threat. . 7. The head of the school or organization or their representatives must assign at least two (2) representatives of the school or organization. 6. a foot. If the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof. a hand. is prevented from quitting. imbecile. an arm or a leg or shall have lost the use of any such member shall have become incapacitated for the activity or work in which he was habitually engaged. or shall have lost an eye. as the case may be. The owner of the place where hazing is conducted shall be liable as an accomplice. The penalty of reclusion perpetua (life imprisonment) if death. or (e) when the victim is below twelve (12) years of age at the time of the hazing. military or citizen's army training organization. Section 4. neophyte or applicant. or organization. It is the duty of such representative to see to it that no physical harm of any kind shall be inflicted upon a recruit.Section 3. sodomy or mutilation results there from. or that the injury sustained shall require medical assistance for the same period. 8. The penalty of reclusion temporal in its medium period (14 years. rape. (b) when the recruit. The responsible officials of the school or of the police. through force. violence. The penalty of reclusion temporal in its maximum period (17 years. or shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than ninety (90) days. 2. The person or persons who participated in the hazing shall suffer: 1. when he has actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. the parents shall be held liable as principals when they have actual knowledge of the hazing conducted therein but failed to take any action to prevent the same from occurring. The penalty of prison mayor in its medium period (8 years and one day to 10 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of ten (10) days or more. The penalty of prison mayor in its maximum period (10 years and one day to 12 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged for a period of more than thirty (30) days. impotent or blind. to the proper school authorities. violence. The penalty of prison mayor in its minimum period (6 years and one day to 8 years) if in consequence of the hazing the victim shall have been ill or incapacitated for the performance on the activity or work in which he was habitually engaged from one (1) to nine (9) days. threat or intimidation. neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person. sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. 8 months and one day to 17 years and 4 months) if in consequence of the hazing the victim shall have lost the use of speech or the power to hear or to smell. intimidation or deceit on the person of the recruit who refuses to join. the officers and members of the fraternity. or that the injury sustained shall require medical assistance for the same period. The penalty of prison correccional in its maximum period (4 years. or shall have lost the use thereof. neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians. or to the police authorities. (c) when the recruit.

property. Any person charged under this provision shall not be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong. The officers. percentage. directly or indirectly. group. equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking. receiving or accepting directly or indirectly any shares of stock. All laws. 7080 July 12. agents. agencies or instrumentalities. Section 6. This Act shall take effect fifteen (15) calendar days after its publication in at least two (2) national newspapers of general circulation. misuse. 5) By establishing agricultural. b) Government includes the National Government. nominees. and any of its subdivisions. 3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions. If any provision or part of this Act is declared invalid or unconstitutional. conversion. the other parts or provisions thereof shall remain valid and effective. The presence of any person during the hazing is prima facie evidence of participation therein as principal unless he prevented the commission of the acts punishable herein. any commission.The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof. manager. A fraternity or sorority's adviser who is present when the acts constituting the hazing were committed and failed to take action to prevent the same from occurring shall be liable as principal. director or other responsible officer of a corporation engaged in hazing as a requirement for employment in the manner provided herein. but failed to take any action to prevent the same from occurring shall be punished as accomplices for the acts of hazing committed by the perpetrators. including government-owned or -controlled corporations and their subsidiaries. gift. rules or regulations which are inconsistent with or contrary to the provisions of this Act are hereby amended or repealed accordingly. business enterprise or material possession of any person within the purview of Section Two (2) hereof. former officers. subordinates and/or business associates by any combination or series of the following means or similar schemes: 1) Through misappropriation. This section shall apply to the president. 4) By obtaining. share. election or contract. 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.As used in this Act. 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. Republic Act No. d) Ill-gotten wealth means any asset. or malversation of public funds or raids on the public treasury. c) Person includes any natural or juridical person. agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries. Section 5. unless the context indicates otherwise. orders. or . Section 7. acquired by him directly or indirectly through dummies. fraternity or sorority who actually planned the hazing although not present when the acts constituting the hazing were committed shall be liable as principals. 2) By receiving. 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. Definition of Terms . or alumni of the organization. industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests.

he shall be entitled to reinstatement and to the salaries and other benefits which he failed to receive during suspension. Separability of Provisions . 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. subordinates or other persons. or those which may be instituted under Executive Order No.If any provisions of this Act or the application thereof to any person or circumstance is held invalid. in the aggregate amount or total value of at least Seventy-five million pesos (P75. or estoppel. laches. shall be guilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification from holding any public office. See Section 3.For purposes of establishing the crime of plunder.This Act shall not apply to or affect pending prosecutions or proceedings. relatives by affinity or consanguinity. unless in the meantime. However. . Section 7. Prescription of Crimes . Section 9. relationship. by himself or in connivance with members of his family.6) By taking undue advantage of official position. all prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan. Any person who participated with said public officer in the commission of plunder shall likewise be punished.7659 Section 2. Section 2 As amended by Section 12 of RA No. Effectivity . Section 5.Any public officer against whom any criminal prosecution under a valid information under this Act in whatever stage of execution and mode of participation.This Act shall take effect after fifteen (15) days from its publication in the Official Gazette and in a newspaper of general circulation.Until otherwise provided by law. shall be suspended from office. accumulate or acquire ill-gotten wealth. 1. Section 6. Should he be convicted by final judgment.00). but if he is acquitted. 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. Scope . 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. he shall lose all retirement or gratuity benefits under any law. 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. Definition of the Crime of Plunder.000. issued and promulgated on February 28. the degree of participation and the attendance of mitigating and extenuating circumstances shall be considered by the court. Competent Court . authority.000. is pending in court. it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy. business associates.Any public officer who.The crime punishable under this Act shall prescribe in twenty (20) years. In the imposition of penalties. Rule of Evidence . 1986. Section 8. the remaining provisions of this Act and the application of such provisions to other persons or circumstances shall not be affected thereby. amasses. Penalties . Section 4. Suspension and Loss of Benefits . administrative proceedings have been filed against him. accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in Section 1(d) hereof.