GovCon Syllabus Part VI

Republic Act no. 7080 70 80 - AN ACT DEFINING AND PENALIZING THE CRIME F PL!NDER  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 consanuinity, business associates, subord subordin inate atess or other other perso persons ns,, amasse amasses, s, accum accumula ulates tes or ac!ui ac!uire ress ill-o ill-otte tten n wealth wealth throu throuh h a combination or series of overt or criminal acts as described in Section "#d$ hereof, in the areate amount or total value of at least Seventy-five million pesos #P%&,''','''.''$, shall be uilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute dis!ualification from holdin any public office. Any person who participated with said public officer in the commission of plunder shall li(ewise be punished. )n the imposition of penalties, the deree of participation and the attendance of mitiatin and e*tenuatin circumstances shall be considered by the court. +he court shall declare any and all ill-otten wealth and their interests and other incomes and assets includin the properties and shares of stoc( derived from the deposit or investment thereof forfeited in favor of the State. "ection # A$ %&en'e' b( "ection )# o* RA No.7+, - AN ACT T IMP"E THE DEATH PENALT PENALT N CERT CERTAIN HEIN!" HEIN!" CRIME"/ CRIME"/ AMENDING FR THAT THAT P!RP"E P!RP"E THE REI"ED REI"ED PENAL PENAL LA1"/ LA1"/ A" AMENDE AMENDED/ D/ THER THER "PECIA "PECIAL L PENAL PENAL LA1"/ LA1"/ AND FR  THER P!RP"E" Section "2. Section 2 of epublic Act o. %'' #An Act Definin and Penali/in the Crime of Plunder$ is hereby amended to read as follows0 1Sec. 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 consanuinity, business associates, subord subordin inate atess or other other perso persons ns,, amasse amasses, s, accum accumula ulates tes or ac!ui ac!uire ress ill-o ill-otte tten n wealth wealth throu throuh h a combination or series of overt criminal acts as described in Section " #d$ hereof in the areate amount or total value of at least ifty million pesos #P&',''','''.''$ shall be uilty 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 contributin to the crime of plunder shall li(ewise be punished for such offense. )n the imposition of penalties, the deree of participation and the attendance of mitiatin and e*tenuatin circumstances, as provided by the evised Penal Code, shall be considered by the court. +he court shall declare any and all ill-otten wealth and their interests and other incomes and assets includin the properties and shares of stoc(s derived from the deposit or investment thereof forfeited in favor of the State.1 3435A+ 67)SP7D3C3 ". P38P P38P4 43 5S 3S+ 3S+AD ADA, A, SA AD) D)9A 9A: :A AA A,, C)< C)&=', ">&=', "? 853, "' A797S+ A797S+ 2'"% 2'"% >. 3)43 3)43 5S P38P43, P38P43, 9.. 9.. 8. 2"@>& 2"@>&&, &, "" "" A797S+ A797S+ 2'"&

PEPLE " E"TRADA/ "ANDIGAN2AAN/ CRIMINAL CA"E N. #+,,8. )# "EPTEM2ER  #007 FACT"

8n > April 2''", an )nformation for plunder was filed aainst former President 6oseph 3ercito 3str 3strad adaa #B #BP Pre res. s. 3str 3strad adaB aB  $, toe toeth ther er with with 6ose 6ose B6 B6in in oy oyB B  3str 3strad ada, a, Char Charli liee BEAton BEAtonB B An, 3dward Serapio, Serapio, olanda olanda +. icafort icaforte, e, Alma Alfaro, Alfaro, 3leuteri 3leuterio o +an, a.(.a. a.(.a. 3leuterio amos +an or ,"%@ %@."% ."%M, M, more more or less, less, +G3 +G33: 3:  767S+ 767S+4 4 3)CG)9 G) 7.S. ">>, "&2, 2 4. 3d. "2@>, "2>" #"?@$, posits is a double standard of udicial reviewstrict scrutiny for laws dealin with freedom of the mind or restrictin the political process, and deferential or rational basis standard of review for economic leislation.Jhat footnote >oftheCarolene Products case posits is a double standard of udicial review0 strict scrutiny for laws dealin with freedom of the mind or restrictin the political process, and deferential or rational basis standard of review for economic leislation. As 6ustice #later Chief 6ustice$ ernando e*plained in ? it is reclusion temporal #"2 years and " day to 2' years$. et, when committed on the same occasion, the two are treated as one special comple* crime of rape with homicide and punished with a heavier penalty of reclusion perpetua to death. 8bviously, the leislature views plunder as a crime as serious as robbery with homicide or rape with homicide by punishin it with the same penalty. PA9A):A, 6., Separate Concurrin 8pinion0 Constitutional 4aw; Criminal 4aw; Anti-Plunder 4aw; Statutory Construction; Simple statutory construction, not a declaration of unconstitutionality, is the (ey to the alleedly vaue words of the Anti-Plunder 4aw.)ndeed, simple statutory construction, not a declaration of unconstitutionality, is the (ey to the alleedly vaue words of the Anti-Plunder 4aw. And the most basic rule in statutory construction is to ascertain the meanin of a term from the leislative proceedins. 5erily, in the udicial review of a lawUs meanin, the leislative intent is paramount. Pleadins and Practice; +ranscripts of Stenoraphic otes; & 8.9. @?&@$ Same; Same; @" #2''%$, +antuico v. epublic, 2'> SCA >2 #"??"$, and 5irata v. Sandianbayan, 22" SCA &2 #"??@$, amon others  are not in point because none of them involved an accused who, li(e petitioner, underwent preliminary investiation where he was afforded access to documents supportin the chare aainst him. All those cases involved civil proceedins for the forfeiture of ill-otten wealth where the respondents had no way of (nowin the details of the overnmentUs case aainst them until after they were served a copy of the forfeiture complaints. +he ambiuities in the alleations of the complaints filed aainst the respondents in those cases cannot be clarified by reference to other documents a(in to a preliminary investiation resolution. +hey were left with no other recourse but to see( clarification throuh a bill of particulars in order to ade!uately prepare their responsive pleadins. Same; Same; )nformation; 5iew that the ponencia see(s to impress that those accused of the crime of plunder must be e*tended special treatment, re!uirin evidentiary matters to be alleed in the )nformation, in view of the penalty involved, which is reclusion perpetua.Accordin to the ponencia, conviction for plunder carries with it the penalty of capital punishment, for this reason, more process is due, not less.T +he ponencia see(s to impress that those accused of the crime of plunder must be e*tended special treatment, re!uirin evidentiary matters to be alleed in the )nformation, in view of the penalty involved, which is reclusion perpetua. +he penalty of reclusion perpetua is not imposable e*clusively to those accused and found uilty of plunder. +his punishment li(ewise attaches to the crimes of murder, serious illeal detention, and rape, amon others.