The document defines and outlines the crime of plunder according to Philippine law. Plunder involves a public officer amassing ill-gotten wealth of at least 50 million pesos through a combination or series of criminal acts. These acts include misappropriation of public funds, receiving kickbacks, illegal disposition of government assets, taking advantage of one's position for personal gain, and establishing monopolies to benefit special interests. The law also establishes the elements of the crime, different types of conspiracies involved, and what the prosecution needs to prove regarding the acts committed and their aggregate value.
The document defines and outlines the crime of plunder according to Philippine law. Plunder involves a public officer amassing ill-gotten wealth of at least 50 million pesos through a combination or series of criminal acts. These acts include misappropriation of public funds, receiving kickbacks, illegal disposition of government assets, taking advantage of one's position for personal gain, and establishing monopolies to benefit special interests. The law also establishes the elements of the crime, different types of conspiracies involved, and what the prosecution needs to prove regarding the acts committed and their aggregate value.
The document defines and outlines the crime of plunder according to Philippine law. Plunder involves a public officer amassing ill-gotten wealth of at least 50 million pesos through a combination or series of criminal acts. These acts include misappropriation of public funds, receiving kickbacks, illegal disposition of government assets, taking advantage of one's position for personal gain, and establishing monopolies to benefit special interests. The law also establishes the elements of the crime, different types of conspiracies involved, and what the prosecution needs to prove regarding the acts committed and their aggregate value.
PENALIZING THE CRIME OF PLUNDER Sec. 2. Plunder defined.
It is the amassing, accumulating or acquiring of
ill-gotten wealth through a combination or series of overt or criminal acts. The ill-gotten wealth is in the aggregate amount or total value of at least P50,000,000.00. The penalty is reclusion perpetual to death. Offender in Plunder.
It is committed by any public officer;
By himself; or In connivance with his: Family; Relatives (affinity or consanguinity); Business associates; Subordinates; Other persons. However, any person who participates in the commission of the offense “contributing to the crime of plunder” shall likewise be punished for such offense. Wheel or Circle Conspiracy.
From a reading of the Amended Information,
the case at bar appears similar to a "wheel" conspiracy. The hub is former President Estrada while the spokes are all the accused, and the rim that encloses the spokes is the common goal in the overall conspiracy, i.e., the amassing, accumulation and acquisition of ill-gotten wealth. (Estrada v. Sandiganbayan, G.R. No. 148965, February 26, 2002) Chain conspiracy
The chain conspiracy recognized in Estrada v.
Sandiganbayan exists when there is successive communication and cooperation in much the same way as with legitimate business operations … This involves individuals linked together in a vertical chain to achieve a criminal objective. (Macapagal- Arroyo v. People, G.R. Nos. 220598 & 220953, July 19, 2016) Main plunderer.
Indeed, because plunder is a crime that only a
public official can commit by amassing, accumulating, or acquiring ill-gotten wealth in the aggregate amount or total value of at least P50,000,000.00, the identification in the information of such public official as the main plunderer among the several individuals thus charged is logically necessary under the law itself. (Macapagal-Arroyo v. People, G.R. Nos. 220598 & 220953 (Resolution), April 18, 2017) Sec. 1(d). Ill-Gotten Wealth. "Ill-gotten wealth" means 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. . . Personal benefit.
Pursuant to the maxim of noscitur a sociis,
raids on the public treasury requires the raider to use the property taken impliedly for his personal benefit. (Macapagal-Arroyo v. People, G.R. Nos. 220598 & 220953, July 19, 2016) Not the main plunderer nor co-conspirator. what was removed from the coverage of the bill and the final version … was a person who was not the main plunderer or a co- conspirator, but one who personally benefited from the plunderers' action. The requirement of personal benefit on the part of the main plunderer or his co-conspirators by virtue of their plunder was not removed. (Macapagal-Arroyo v. People, G.R. Nos. 220598 & 220953, July 19, 2016) Acquired by a series or combination: a) Misappropriation of public funds/raids on the public treasury; b) Receiving commission/kickback in connection with any government project by reason of office; c) Illegal or fraudulent conveyances or disposition of assets belonging to the government; Acquired by a series or combination: (cont) d) Obtaining any interest in any business enterprise; e) Establishing agricultural, industrial or commercial monopolies; f) Taking undue advantage of official position, relationship or connection to unjustly enrich himself to the damage of the people and the Republic. Elements, Estrada vs Sandiganbayan, G.R. No. 148560, Nov 19, 2001. “Section 2 is sufficiently explicit in its description of the acts, conduct and conditions required or forbidden, and prescribes the elements of the crime with reasonable certainty and particularity. Thus -
1. That the offender is a public officer who acts by
himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons; Elements, Estrada vs Sandiganbayan, G.R. No. 148560, Nov 19, 2001. (cont)
2. That he amassed, accumulated or acquired ill-gotten wealth
through a combination or series of the following overt or criminal acts: (a) through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury; (b) by receiving, directly or indirectly, any commission, gift, share, percentage, kickback or any other form of pecuniary benefits 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; (c) by the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities of Government owned or controlled corporations or their subsidiaries; Elements, Estrada vs Sandiganbayan, G.R. No. 148560, Nov 19, 2001. (cont)
(d) 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; (e) by establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or (f) by taking advantage of official position, authority, relationship, 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; and, Elements, Estrada vs Sandiganbayan, G.R. No. 148560, Nov 19, 2001. (cont)
3. That the aggregate amount or total value of
the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00. ( JOSEPH EJERCITO ESTRADA vs. SANDIGANBAYAN (Third Division) and PEOPLE OF THE PHILIPPINES, G.R. No. 148560, 2001 Nov 19, 2001) Combination and series.
Combination - at least 2 acts falling under
different categories in Sec. 1(d).
Series - 2 or more acts falling under the same
category. Gravamen of the offense.
The gravamen of the conspiracy charge,
therefore, … it is that each of them, by their individual acts, agreed to participate, directly or indirectly, in the amassing, accumulation and acquisition of ill-gotten wealth of and/or for former President Estrada. (Macapagal-Arroyo v. People, G.R. Nos. 220598 & 220953, July 19, 2016) Proof required in Plunder.
The thesis that Sec. 4 does away with proof of
each and every component of the crime suffers from a dismal misconception of the import of that provision. What the prosecution needs to prove beyond reasonable doubt is only a number of acts sufficient to form a combination or series which would constitute a pattern and involving an amount of at least P50,000,000.00. (Estrada) Proof required in Plunder. (cont) There is no need to prove each and every other act alleged in the Information to have been committed by the accused in furtherance of the overall unlawful scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth. To illustrate, supposing that the accused is charged in an Information for plunder with having committed fifty (50) raids on the public treasury. The prosecution need not prove all these fifty (50) raids, it being sufficient to prove by pattern at least two (2) of the raids beyond reasonable doubt provided only that they amounted to at least P50,000,000.00. (Estrada)