PubOff October 24, 2019

Review Plunder Doctrine - the main plunderer Doctrine

Review the provisions of RA 3019

Questions on Plunder might come out in 2019 and 2020 Bar

Review No-Gift Policy Law

Estrada and 2 Macapagal Cases:

Elements (Estrada)
1. Offender is a public officer acting by himself or in connivance with others
2. Amassed ill-gotten wealth with a series or combination of acts mentioned
> Combination if different acts
> Series if completion of an act
3. Amassed wealth be at least Php 75,000,000

Macapagal Doctrine
1. Wheel v. Chain Conspiracy Models
> Wheel – unity in actions and idea/mode of carrying out the crime
> Admits of Implied Conspiracy
> However, must require the presence and identification of the main plunderer
> Said identification must also admit of, or explain, that the main plunderer acquired ill-
gotten wealth
> Chain – successive communication and cooperation
> Express Conspiracy
3. MUST allege main plunderer and those connived with, and the money accumulated
Predicate Crimes under Plunder:
 Direct or Indirect investing participation in a transaction involving the government
 Plunder under RA 7080
 Bribery, Direct Indirect and Qualified
 Corruption of Public Officer
 Malversation of Public Funds
 EO 292 RA 7160 EO 43 RA 6770 IMPEACHMENT
Public X under Sec. X under Sec.
Officers not 46 19
b-e
Local Elective X under Sec. X under Sec.
Officials 60; e.g. 19
disloyalty,
etc.
Prez Sec. 5(a) X under Sec.
Appointees e.g. RA 3019 19
Members of
Congress
Impeachable X under Art. VI,
Officers Sec.2 (1987
Constitution)

Look at expanded grounds under URACCS / RACCS

 Sexual Harrassment
 Violation of the Anti-Red Tape Act

In effect CSC has concurrent jurisdiction with different admin agencies under EO 292 regarding
administrative cases and first filing

Jurisdiction over local elective officials:

1. Sanggunian
2.

Who imposes removal from office?

 By order of the court

Under EO 43, the President orders the removal

 Can he order and himself conduct the investigation? YES

PREVENTIVE SUSPENSION
DURING ADMINISTRATIVE PROCEEDING DURING CRIMINAL
PROCEEDING
EO 292 RA 7160 EO 43 RA 6770 RA 3019 RA 7080
(2017) (Sec.13)
Reason
Duration
Who may
be
suspended
?