Section 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 or 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 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
favor of the State. (As amended by RA 7659, approved Dec. 13, 1993

ARTICLE 8 of RPC. Conspiracy and proposal to commit felony. —

Conspiracy and proposal to commit felony are punishable only in the cases in
which the law specially provides a penalty therefor. A conspiracy exists when
two or more persons come to an agreement concerning the commission of a
felony and decide to commit it.

1 Section 13 of the Constitution of the Philippines 1987 establishes a

presumption of bail in criminal proceedings, but specifies that this does not
apply to offences punishable by life imprisonment, provided there is strong
evidence of guilt. In such cases, under the Rules of Criminal Procedure, an
accused person shall not be granted bail.

A 2015 joint circular between the Commission on Audit (COA), Department of

Budget and Management (DBM), Department of the Interior and Local
Government, Governance Commission for Government-Owned and
Controlled Corporations (GCG) and the Department of National Defense laid
down guidelines on confidential and intelligence funds.
Confidential and intelligence funds are lump sum allocations set aside in
the national budget for expenses that involve surveillance and intelligence
information gathering activities.
As its name suggests, confidential funds are for confidential expenses related
to surveillance activities in civilian government agencies that are intended to
support their mandate or operations.

USE OF CFI:
Purchase of information necessary for the formulation and implementation of
program, activities and projects relevant to national security and peace and
order
Rental of transport vehicle related to confidential activities

Rentals and the incidental expenses related to the maintenance of

safehouses

PCSO CONFIDENTIAL INTELLIGENCE FUND

The PCSO funds are comprised of the Prize Fund (PF), Charity Fund (CF)
and the Operating Fund (OF).

intelligence and confidential funds provided for in the budgets of

departments, bureaus, offices or agencies of the national government,
including amounts from savings authorized by Special Provisions to be used
for intelligence and counter intelligence activities, shall be released only upon
approval of the President of the Philippines.

APPEAL FROM SANDIGANBAYAN TO SUPREME COURT

Under Part II, Rule, Section 117 (a) of the 2018 Revised Internal Rules of the
Sandiganbayan, the appeal to the Supreme Court in criminal cases decided
by the Sandiganbayan in the exercise of its original jurisdiction shall be by
notice of appeal filed with the Sandiganbayan and by serving a copy thereof
upon the

Offenses Not Bailable, Bail As A Matter Of Discretion

Sec. 7. Capital offense or an offense punishable by reclusion
perpetua or life imprisonment, not bailable. – No person charged
with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the state of the criminal
prosecution.

IN AN INFORMATION FILED BEFORE THE RTC, RP WAS CHARGED WITH

VIOLATION OF PD 1866 FOR ILLEGAL POSSESSION OF FIREARMS
PUNISHABLE BY RECLUSION TEMPORAL MAXIMUM TO RECLUSION
PERPETUA. PENDING TRIAL, RP WAS RELEASED ON BAIL. THEREAFTER,
RP WAS CONVICTED AS CHARGED AND METED AN INDETERMINATE PENALTY
OF 17 YEARS 4 MONTHS AND 1 DAY OF RECLUSION TEMPORAL TO 21 YEARS OF
RECLUSION PERPETUA. ON APPEAL, RP’S CONVICTION WAS AFFIRMED AND
HIS BAIL WAS CANCELLED. RP APPEALED TO THIS DECISION AND PRAYED TO
BE
ALLOWED TO POST BAIL FOR TEMPORARY LIBERTY. IS RP ENTITLED TO
BAIL?

> In this case, appellant was convicted of a crime punishable by

reclusion perpetua. He is therefore not entitled to bail as his conviction
clearly imports that the evidence of guilt is strong.
> Furthermore, a summary hearing for his bail application for the sole
purpose of determining whether or not evidence is strong is unnecessary.
> The extensive trial before the lower court and the appeal before
respondent court are more than sufficient in accomplishing the purpose
for which a summary hearing for bail application is designed
15. Demurrer to Evidence. - After the prosecution has rested its case, the
court may dismiss the case on the ground of insufficiency of evidence: (1) on
its own initiative after giving the prosecution an opportunity to be heard; or (2)
on motion of the accused filed with prior leave of court.

Periodic re-evaluation- continuous evaluation, is an assessment

method, that is designed to regularly evaluate employees

Indefinite detention-

The Senate has no power to indefinitely detain a person cited in contempt

during an inquiry in aid of legislation, the Supreme Court (SC) ruled.

The Court finds that the period of imprisonment under the inherent power of
contempt by the Senate during inquiries in aid of legislation should only last
until the termination of the legislative inquiry under which the said power is
invoked.

Remand is the detention of an alleged offender by a court order.

A remand prisoner may be held in prison, or in police cells, court cells, or
psychiatric facilities as required.
These include:
the seriousness of the offence
the risk of re-offending
they are a risk to themselves
protecting the victim.
ICCPR PROVISIONS

Article 2

1. Each State Party to the present Covenant undertakes to respect and

to ensure to all individuals within its territory and subject to its
jurisdiction the rights recognized in the present Covenant, without
distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or
other status.

Article 3

The States Parties to the present Covenant undertake to ensure the

equal right of men and women to the enjoyment of all civil and political
rights set forth in the present Covenant.

Article 14

1. All persons shall be equal before the courts and tribunals. In the
determination of any criminal charge against him, or of his rights and
obligations in a suit at law, everyone shall be entitled to a fair and
public hearing by a competent, independent and impartial tribunal
established by law. The press and the public may be excluded from all
or part of a trial for reasons of morals, public order (ordre public) or
national security in a democratic society, or when the interest of the
private lives of the parties so requires, or to the extent strictly
necessary in the opinion of the court in special circumstances where
publicity would prejudice the interests of justice; but any judgement
rendered in a criminal case or in a suit at law shall be made public
except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of
children.

Article 26

All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the
law shall prohibit any discrimination and guarantee to all persons equal
and effective protection against discrimination on any ground such as
race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status.
Article 9

1. Everyone has the right to liberty and security of person. No one shall
be subjected to arbitrary arrest or detention. No one shall be deprived
of his liberty except on such grounds and in accordance with such
procedure as are established by law.

2. Anyone who is arrested shall be informed, at the time of arrest, of the

reasons for his arrest and shall be promptly informed of any charges
against him.

3. Anyone arrested or detained on a criminal charge shall be brought

promptly before a judge or other officer authorized by law to exercise
judicial power and shall be entitled to trial within a reasonable time or
to release. It shall not be the general rule that persons awaiting trial
shall be detained in custody, but release may be subject to guarantees
to appear for trial, at any other stage of the judicial proceedings, and,
should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be

entitled to take proceedings before a court, in order that that court may
decide without delay on the lawfulness of his detention and order his
release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall
have an enforceable right to compensation