This document provides an overview of corruption and plunder in the Philippines. It defines plunder as amassing ill-gotten wealth of at least 50 million pesos through criminal acts while in a public office. It outlines specific types of corruption prevalent in the country including tax evasion, ghost projects, bypassing public bidding, and extortion. It discusses Republic Act 7080 which penalizes plunder with reclusion perpetua and forfeiture of wealth. Only two people have been convicted of plunder in the Philippines - a BIR cashier in 2001 and former President Joseph Estrada in 2007.
This presentation aims to keep the student abreast with the current issues on Ethical Behavior concerning public servants, as a result, they will appreciate laws and implemented techniques by the government in reducing and or eliminating corrupt practices.
By providing students with relevant topics on issues on Ethical behavior particularly graft & corruption practices in government, I am expecting that they will be more willing to enjoin government in providing quality services to the people whom they served.
This remains a property of my online resources.
A brief on the impeachment process in the Philippines prepared by former Supreme Court of the Philippines Associate Justice and constitutional law professor Eduardo Nachura
This presentation aims to keep the student abreast with the current issues on Ethical Behavior concerning public servants, as a result, they will appreciate laws and implemented techniques by the government in reducing and or eliminating corrupt practices.
By providing students with relevant topics on issues on Ethical behavior particularly graft & corruption practices in government, I am expecting that they will be more willing to enjoin government in providing quality services to the people whom they served.
This remains a property of my online resources.
A brief on the impeachment process in the Philippines prepared by former Supreme Court of the Philippines Associate Justice and constitutional law professor Eduardo Nachura
Earlier the benami transactions are defined as a “transaction where a property is held by or transferred to a person, but has been provided for or paid by another person”. This Act has amended this definition by to add other transactions which qualify as benami
1 The FCPA and why it Matters October 04, 2010 .docxhoney725342
1
The FCPA and why it Matters
October 04, 2010
Michael Osajda
The History, the Details and the Significance of the FCPA
The year is 1977. The place is Washington, D.C. The forum is the United States Congress. The
94th Congress, which ended its term on January 3, 1977, and the 95th Congress both obtain
information revealing evidence of payments from U.S. businesses to foreign governmental
officials and political parties. The payments exceed $300 million and were made either to secure
favorable action by foreign governments, or to prompt government functionaries to discharge
their administrative or clerical duties. The companies accused of the payments represent a wide
range of industrial sectors; drugs and health care, oil and gas production and services, food
products, aerospace, airlines and air services, and chemicals.1
These embarrassing revelations were discussed by the Congress on a number of levels, most
notably their impact on international relations, their reflection on the state of U.S. business
ethics, and their effect on competition.
On the level of international relations, while détente with the Soviet Union had commenced, the
Cold War was still a fact of life. There was an active struggle for worldwide influence between
the Soviet Union and the United States. In that context, Congress stated that corporate bribery
had foreign policy implications. These scandals lent ―credence to the suspicions sown by foreign
opponents of the United States that American enterprises exert a corrupting influence on the
political processes of their nations.‖2
There were also ethical and business levels to the issue. Congress flatly stated the obvious: ―The
payment of bribes to influence the acts or decisions of foreign officials, foreign political parties
or candidates for foreign political office is unethical. It is counter to the moral expectations and
values of the American public.‖3 These sentiments resonated in Washington in 1977. While
President Jimmy Carter’s credentials as an economic leader or as the Commander-in-Chief of the
Armed Forces may have been questioned by his critics, his role as a proponent of moral and
ethical behavior was an important part of his presidency. President Gerald Ford signed the
Helsinki Accords on human rights, but Jimmy Carter elevated the principles contained in the
Accords in importance during his term.4
Finally, on the pure business level, Congress concluded that the corrupt activity that had been
presented was bad business. It skewed the economic transaction. Rather than quality, service,
salesmanship, price, or other factors being rewarded, corruption was paramount. Exposure of
such activity could also have negative consequences for the company involved. It could ―damage
a company’s image, lead to costly lawsuits, cause the cancellation of contracts, and result in the
appropriation of valuable assets overseas.‖5
2
With this ...
The Legal 500: Bribery and Corruption Comparative Guide 2018Matheson Law Firm
Claire McLoughlin and Karen Reynolds, Partners in the Commercial Litigation and Dispute Resolution Department and Co-heads of the Regulatory and Investigations Group, co-author the Ireland chapter for The Legal 500: Bribery and Corruption Comparative Guide 2018.
Shivani Dharmaraj Pawar
NLC IV
Roll No- 5422
Sub- Jurisprudence
College Name- Yashwantao Chavan Law College, Malkapur-Karad
Subject Teacher- Dr. M.S.Khairnar
Taxation 101 basic rules and principles in philippine taxation by jr lopez go...JR Lopez Gonzales
This was the informative speech on the basic taxation principles in the Philippines. It was a thirty-minute speech on the basics of the Philippine Tax system presented to the students of the Mindanao State University - Iligan Institute of Technology on 8 August 2011 for the Political Science 2 Lecture Series. The document was uploaded by JR Lopez Gonzales of www.politikalon.blogspot.com.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
2. OVERVIEW
GRAFT AND CORRUPTION IN THE PHILIPPINES
SPECIFIC TYPES OF CORRUPTION IN THE PHILIPPINES
THE PLUNDER LAW
REPUBLIC ACT NO. 7080
WHAT IS ILL-GOTTEN WEALTH
CRIMINAL ACTS UNDER RA7080
PENALTIES
PRESCRIPTIVE PERIOD FOR PLUNDER
HISTORIC PLUNDER CASE IN THE PHILIPPINES
3. GRAFT & CORRUPTION IN THE
PHILIPPINES
IN 1988, GRAFT AND CORRUPTION IN THE PHILIPPINES WAS CONSIDERED
AS THE “BIGGEST PROBLEM OF ALL” BY ARCHIBISHOP OF MANILA JAIME
CARDINAL SIN.
IN 1989, PUBLIC PERCEPTION WAS THAT “CORRUPT GOVERNMENT
OFFICIALS ARE GREATER THREAT TO THE COUNTRY” THAN THE
COMMUNIST GUERILLAS.
IN 1992, PRESIDENT FIDEL V. RAMOS CONSIDERED GRAFT AND
CORRUPTION AS THE THIRD MAJOR HINDRANCE TOWARDS ATTAINING
HIS DEVELOPMENT STRATEGY FOR THE COUNTRY.
IN 1998, THE COUNTRY GOT GOOD MARKS FROM TRANSPARENCY
INTERNATIONAL AND THE POLITICAL AND ECONOMIC RISK
CONSULTANCY (PERC) LTD.
4. GRAFT & CORRUPTION IN THE
PHILIPPINES
THE PHILIPPINES THEN PLACED 6TH OUT OF 11 ASIAN COUNTRIES UNDER
PERC CORRUPTION PERCEPTION INDEX (CPI), A MEASURE OF LOST
DEVELOPMENT OPPORTUNITIES IN TERMS OF INVESTMENTS.
HOWEVER, WHILE THE ANTI-CORRUPTION LANDSCAPE IN THE PHILIPPINES
HAS IMPROVED, ITS LOW SCORE OF 6.5 STILL PLACED THE PHILIPPINES AS
HIGHLY PRONE TO CORRUPTION.
IN GENERAL, NATIONAL AND INTERNATIONAL OPINION DEPICT THE
PHILPPINES AS STILL CORRUPT AND BEING UNABLE TO EFFECTIVELY FIGHT
THIS PROBLEM.
ABOUT 30% OF THE NATIONAL BUDGET IS REPORTEDLY LOST TO GRAFT AND
CORRUPTION EVERY YEAR.
5. THUS;
A BUDGET OF 80 BILLION PESOS WILL STAND TO LOSE ABOUT 24
BILLION PESOS.
80 BILLION PESOS
BUDGET
LEGISLATIVE
(4 BILLION)
EXECUTIVE
(5 BILLION)
JUDICIARY
(10 BILLION)
OTHER/
DEPARTMENT
AGENCIES
(4 BILLION)
FOR THE
PEOPLE OF THE
PHILIPPINES
(56 BILLION)
6. SPECIFIC TYPES OF CORRUPTION IN
THE PHILIPPINES
THERE ARE 8 TYPES OF CORRUPTION IN THE PHILIPPINES, NAMELY:
1. TAX EVASION
2. GHOST PROJECTS AND PAYROLLS
3. EVASION OF PUBLIC BIDDING IN AWARDING OF CONTRACTS
4. PASSING OF CONTRACTS
5. NEPOTISM AND FAVOURITISM
6. EXTORTION
7. PROTECTION MONEY
8. BRIBERY
7. TAX EVASION
THIS IS VERY RAMPANT, PARTICULARY IN THE PRIVATE SECTOR DUE TO
TO THE REFUSAL OF THOSE ENGAGED IN PRIVATE BUSINESSES TO
HONESTLY DECLARE THEIR ANNUAL INCOME AND PAY THE
CORRESPONDING TAXES TO THE GOVERNMENT.
8. GHOST PROJECTS AND PAYROLLS
THIS IS DONE BY HIGH OFFICIALS OF THE GOVERNMENT WHEREBY NON-
EXISTING PROJECTS FINANCED BY THE GOVERNMENT WHILE NON
EXISTING PERSONNEL OR PENSIONERS ARE BEING PAID SALARIES AND
ALLOWANCES. THIS PRACTICE IS RAMPANT IN GOVERNMENT AGENCIES
INVOLVED IN FORMULATION AND IMPLEMENTATION OF PROGRAMS
AND PROJECTS PARTICULARLY IN INFRASTRACTURE AND IN THE OF
GRANTING SALARIES, ALLOWANCES AND PENSION BENEFITS.
9. EVASION OF PUBLIC BIDDING IN THE
AWARDING OF CONTRACTS
GOVERNMENT OFFICES, PARTICULARLY BIDS AND AWARDS
COMMITTEES (BAC) FOREGO THE AWARDING OF
CONTRACTS THROUGH PUBLIC BIDDING OR AWARD THESE
CONTRACTS TO FAVORED BUSINESS ENTERPRISES OR
CONTRACTORS. SOMETIMES, MEMBERS OF BIDS AND
AWARDS COMMITTEES ARE VERY SUBJECTIVE OF AWARDING
THE CONTRACT TO THOSE WHO CAN PROVIDE THEM WITH
PERSONAL BENEFITS.
10. PASSING OF CONTRACTS
IN THE CONSTRUCTION OF INFRASTRACTURE PROJECTS,
CONTRACTORS HAVE THE PRACTICE OF PASSING THE WORK
FROM ONE CONTRACTOR TO ANOTHER AND IN THE
PROCESS CERTAIN PERCENTAGE OF THE PROJECT VALUE IS
RETAINED BY EACH CONTRACTOR AND SUB-CONTRACTORS
RESULTING TO THE USE OF SUBSTANDARD MATERIALS AND
EVEN UNFINISHED PROJECTS.
11. NEPOTISM AND FAVORITISM
GOVERNMENT OFFICIALS PARTICULARLY THOSE OCCUPYING
HIGH POSITIONS TEND TO CAUSE THE APPOINMENT OR
EMPLOYMENT OF RELATIVES AND CLOSE FRIEND TO
GOVERNMENT POSITIONS EVEN IF THEY ARE NOT QUALIFIED
OR ELIGIBLE TO DISCHARGE THE FUNCTIONS OF THAT
OFFICE. THIS IS ONE OF THE ROOT CAUSES OF INEFFICIENCY
AND THE OVERFLOWING OF GOVERNMENT EMPLOYEES IN
THE BUREAUCRACY.
12. EXTORTION
THIS IS DONE BY THE GOVERNMENT OFFICIALS AGAINST
THEIR CLIENTS BY DEMANDING MONEY, VALUABLE ITEMS,
OR SERVICES FROM ORDINARY CITIZENS WHO TRANSACT
BUSINESS WITH THEM OR THEIR OFFICE. THIS IS RAMPANT
IN AGENCIES ISSUING CLEARANCES, AND OTHER
DOCUMENTS, THOSE INVOLVED IN THE RECRUITMENT OF
PERSONNEL, OR THOSE PERFORMING SERVICES THAT
DIRECTLY FAVOR ORDINARY CITIZEN.
13. “TONG” OR PROTECTION MONEY
THIS IS FORM OF BRIBERY WHICH IS DONE BY CITIZEN
PERFORMING ILLEGAL ACTIVITIES AND OPERATION. THEY
DELIVER HUGE AMOUNT OF MONEY TO GOVERNMENT
OFFICIALS PARTICULARLY THOSE IN CHARGE OF ENFORCING
THE LAW IN EXCHANGE FOR UNHAMPERED ILLEGAL
OPERATION. THE LAW ENFORCEMENT OFFICER WHO
RECEIVES THE MONEY WILL BE DUTY-BOUND TO PROTECT
THE CITIZEN CONCERNED TOGETHER WITH HIS ILLEGAL
ACTIVITIES FROM OTHER LAW ENFORCEMENT AUTHORITIES.
THIS IS PRACTICES BY MOSTLY GAMBLING LORDS AND
THOSE ENGAGED IN BUSINESS WITHOUT THE NECESSARY
PERMITS.
14. “LAGAY” SYSTEM OR BRIBERY
THE “LAGAY” SYSTEM OR THE ACT OF CITIZENS TO BRIBE
GOVERNMENT OFFICIALS OCCUPYING SENSITIVE POSITIONS
IN GOVERNMENT IS PERPETUATED DUE TO BUREAUCRATIC
RED TAPE.
THE MOST FREQUENTLY EMPLOYED METHOD IS OFFERING A
CONSIDERABLE AMOUNT OF MONEY TO A GOVERNMENT
OFFICIAL WHO CAN FACILITATE THE ISSUANCE OF DESIRED
DOCUMENTS IN AGENCIES ISSUING LICENSES, PERMITS,
CLEARANCES, AND THOSE AGENCIES DEPUTIZED TO MAKE
DECISIONS ON PARTICULAR ISSUES.
15. THE PLUNDER LAW
THE PLUNDER LAW WAS PASS IN JULY 12,
1991 WITH THE MOST SIGNIFICANT
SIGNATORY BEING ONE SENATOR JOSEPH
EJERCITO ESTRADA.
16. REPUBLIC ACT NO. 7080
AN ACT DEFINING AND PENALIZING THE CRIME
OF PLUNDER
“SECTION 2. DEFINITION OF CRIME OF PLUNDER.
ANY PUBLIC OFFICER WHO, BY HIMSELF OR IN CONNIVANCE WITH
MEMBERS OF HIS FAMILY, RELATIVES BY AFFINITY AND
CONSAGUINITY, BUSINESS ASSOCIATES, SUBORDINATES OR OTHER
PERSONS, AMASSES, ACCUMULATES OR ACQUIRES ILL-GOTTEN
WEALTH THROUGH A COMBINATION OR SERIES OF OVERT OR
CRIMINAL ACTS AGGREGATE IN THE AMOUNT OF AT LEAST FIFTY
MILLION PESOS (P50,000,000.00).
17. IN THE ORIGINAL VERSION OF RA7080, THE
OFFENDER WAS LIABLE ONLY IF THE AGGREGATE
AMOUNT AMASSED IS AT LEAST SEVENTY-FIVE
MILLION PESOS (P75,000,000.00) WITH THE
CORRESPONDING PENALTY OF LIFE
IMPROSONMENT WITH PERPETUAL ABSOLUTE
DISQUALIFICATION FROM HOLDING ANY PUBLIC
OFFICE, HOWEVER, RA7659 (THE DEATH PENALTY
LAW) AMENDED SECTON 2 OF RA7080 AND
LOWERED THE AMOUNT TO FIFTY MILLION PESOS
AND INCREASED THE IMPOSABLE PENALTY TO
DEATH.
18. SECTION 5. SUSPENSION AND
LOSS OF BENEFITS.
— ANY PUBLIC OFFICER AGAINST WHOM ANY CRIMINAL
PROSECUTION UNDER A VALID INFORMATION UNDER THIS
ACT WHATEVER STAGE OF EXECUTION AND MODE OF
PARTICIPATION, IS PENDING IN COURT, SHALL BE
SUSPENDED FROM OFFICE. SHOULD HE BE CONVICTED BY
FINAL JUDGMENT, HE SHALL LOSE ALL RETIREMENT OR
GRATUITY BENEFITS UNDER ANY LAW, BUT IF HE IS
ACQUITTED, HE SHALL BE ENTITLED TO REINSTATEMENT
AND TO THE SALARIES AND OTHER BENEFITS WHICH HE
FAILED TO RECEIVE DURING SUSPENSION, UNLESS IN THE
MEANTIME, ADMINISTRATIVE PROCEEDINGS HAVE BEEN
FILED AGAINST HIM.
19. WHAT IS ILL GOTTEN WEALTH?
MEANS ANY ASSET, PROPERTY, BUSINESS
ENTEPRISE, OR MATERIAL POSSESION 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 BY ANY COMBINATION OR SERIES OF
CRIMINAL ACTS.
20. CRIMINAL ACTS UNDER RA7080
1. MISAPPROPRIATION, CONVERSION, MISUSE, OR
MALVERSATION OF PUBLIC FUNDS
2. RECEIVING ANY COMMISSION, GIFT, SHARE,
PERCENTAGE, KICKBACKS OR ANY OTHER FORM
OF PECUNIARY BENEFIT FROM ANY PERSON
AND/OR ENTITY IN CONNECTION WITH ANY
GOVERNMENT CONTRACT OR PROJECT
21. CRIMINAL ACTS UNDER RA7080
3. ILLEGAL OR FRAUDULENT CONVEYANCE OR
DISPOSITION OF ASSETS BELONGING TO THE
GOVERNMENT
4. OBTAINING, RECEIVING OR ACCEPTING 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
22. CRIMINAL ACTS UNDER RA7080
5. ESTABLISHING AGRICULTURAL, INDUSTRIAL OR
COMMERCIAL MONOPOLIES OR OTHER COMBINATIONS
AND/OR IMPLEMENTATION OF DECREES AND ORDERS
INTENDED TO BENEFIT PARTICULAR PERSONS OR SPECIAL
INTEREST.
6. TAKING UNDUE 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
COUNTRY AND ITS PEOPLE.
23. PENALTIES
THE CRIME OF PLUNDER WAS PREVIOUSLY PUNISHABLE BY DEATH, BUT
NOBODY AMONG THOSE CHARGED WITH PLUNDER IN THE COUNTRY’S
HISTORY WERE HANDED DOWN THE DEATH SENTENCE.
IN DECEMBER 1993, REPUBLIC ACT 7659 OR “AN ACT TO IMPOSE THE
DEATH PENALTY ON CERTAIN HEINOUS CRIMES” AMENDED THE ANTI-
PLUNDER LAW TO INCLUDE THE DEATH PENALTY AS A MAXIMUM
PUNISHMENT TO THE COMMISSION OF PLUNDER.
BUT AN ACCUSED CAN ESCAPE THE DEATH PENALTY IF THERE ARE NO
AGGRAVATING CIRCUMTANCES THAT WILL WARRANT ITS IMPOSITION.
AFTER THE ABOLITION OF THE DEATH PENALTY IN 2006 THROUGH
REPUBLIC ACT 9346, THE DEATH SENTENCE FOR PLUNDER WAS
LIKEWISE STRUCK DOWN.
24. PENALTIES
CURRENTLY, THE CRIME FOR PLUNDER ARE AS FOLLOWS,
1. RECLUSION PERPETUA
2. FORFEITURE OF ILL-GOTTEN WEALTH IN FAVOR OF THE
GOVERNMENT;
3. PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE.
25. IS THERE A PRESCRIPTIVE PERIOD IN
PROSECUTING SOMEONE WITH PLUNDER?
THE CRIME PUNISHABLE UNDER RA7080 PRESCRIBES IN TWENTY
(20) YEARS. HOWEVER, THE RIGHT OF THE STATE TO RECOVER
PRPERTIES UNLAWFULLY ACQUIRED BY PUBLIC OFFICERS FROM
THEM OR FROM THEIR NOMINEES OR TRANSFEREES SHALL NOT BE
BARRED BY PRESCRIPTION, LACHES, OR ESTOPPEL.
26. HISTORIC PLUNDER CASE IN THE
PHILIPPINES
FROM THE ENACTMENT OF THE PLUNDER LAW IN 1991 UP TO 2016, THE
ANTI-GRAFT COURT SANDIGANBAYAN HAS HANDLED ONLY 13 PLUNDER
CASES.
OF THESE, ONLY TWO (2) PEOPLE WERE CONVICTED: BUREAU OF
INTERNAL REVENUE (BIR) CASHIER DOMINGA MANALILI AND FORMER
PRESIDENT JOSEPH ESTRADA.
MANALILI IS STILL SERVING HER SENTENCE: TWO TERMS OF RECLUSION
PERPETUA. ESTRADA, WHO WAS SENTENCED WITH RECLUSION
PERPETUA, WAS PARDONED BY HIS SUCCESSOR GLORIA MACAPAGAL
ARROYO A MONTH AFTER HIS CONVICTION.
27. FIRST PLUNDER CASE
THE FIRST-EVER PLUNDER CASES WERE FILED ON AUGUST 15, 1997, WHEN THEN-
COMMISSIONER LIWAYWAY VINZONS-CHATO OF THE BUREAU OF INTERNAL
REVENUE (BIR) SUED CASHIER DOMINGA MANALILI AND 6 OTHERS FOR TWO
COUNTS OF PLUNDER.
MANALILI AND HER ACCOMPLICES WERE ACCUSED OF DIVERTING A TOTAL OF
P260 MILLION (OR AROUND $9.9 MILLION AT THE TIME) OF WITHHOLDING TAX
PAYMENTS OF GOVERNMENT AND PRIVATE EMPLOYEES TO UNAUTHORIZED BANK
ACCOUNTS IN 1996.
NEARLY 4 YEARS LATER, IN MAY 2001, MANALILI BECAME THE FIRST PERSON TO BE
CONVICTED OF PLUNDER IN THE PHILIPPINES. SHE WAS SENTENCED BY QUEZON
CITY REGIONAL TRIAL COURT JUDGE (NOW SUPREME COURT ASSOCIATE JUSTICE)
DIOSDADO PERALTA TO TWO LIFE TERMS, AND WAS ORDERED TO RETURN THE
MONEY SHE STOLE PLUS ALL PROFITS EARNED.
HER ACCOMPLICES – FELLOW BIR OFFICIALS JOEL MARCELO AND GIL ERENCIO,
AND TWO OTHER INDIVIDUALS – WERE ALSO FOUND GUILTY OF PLUNDER.
MEANWHILE, CHARGES AGAINST TWO OTHER DEFENDANTS WERE DISMISSED DUE
TO INSUFFICIENT EVIDENCE.
28.
29. ERAP'S PLUNDER CASE
ON APRIL 4, 2001, NEARLY 3 MONTHS AFTER HIS REMOVAL FROM OFFICE, FORMER
PRESIDENT JOSEPH EJERCITO-ESTRADA, HIS SON JINGGOY ESTRADA AND 6 OTHERS, WERE
CHARGED WITH PLUNDER.
THE PHP4-BILLION PLUNDER CASE FILED AGAINST FORMER PRESIDENT JOSEPH EJERCITO-
ESTRADA ALONG WITH JINGGOY ESTRADA AND SIX OTHERS IN 2001.
ESTRADA WAS THE FIRST ELECTED OFFICIAL TO BE CHARGED WITH PLUNDER AND
THE FORMER PRESIDENT WAS FILED FOR ALLEGEDLY AMASSING BILLIONS OF PESOS FROM
JUETENG PAYOLA AND MISSAPPRORIATION OF TOBACCO EXCISE TAX FUNDS.
SIX YEARS LATER, ON SEPTEMBER 12, 2007, ESTRADA WAS FOUND GUILTY OF PLUNDER, AND
SENTENCED TO LIFE IN PRISON. HIS SON JINGGOY AND LAWYER EDWARD SERAPIO WERE
ACQUITTED.
ON OCTOBER 26, 2007, HOWEVER, ERAP ESTRADA SECURED A PARDON FROM THEN-
PRESIDENT GLORIA MACAPAGAL-ARROYO.
31. IN JULY 2012, FORMER PRESIDENT ARROYO FACED PLUNDER CHARGES ALONG WITH 7
PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO) OFFICIALS AND TWO COMMISSION ON
AUDIT (COA) EXECUTIVES FOR THE ALLEGED MISUSE OF PCSO INTELLIGENCE FUNDS FROM
2008 TO 2010.
THE SUPREME COURT (SC) IN JULY 2016 ACQUITTED ARROYO AND PCSO BUDGET AND
ACCOUNTS MANAGER BENIGNO AGUAS FOR LACK OF EVIDENCE. EARLIER, THE
SANDIGANBAYAN HAD ALSO RELEASED 5 PCSO AND COA OFFICIALS. (TIMELINE: GLORIA
ARROYO – FROM PLUNDER TO ACQUITTAL
THE CASE IS ONGOING AT THE SANDIGANBAYAN WITH 3 REMAINING DEFENDANTS:
FORMER PCSO GENERAL MANAGER ROSARIO URIARTE, EX-PCSO DIRECTOR MA FATIMA
VALDES, AND COA INTELLIGENCE FUND UNIT HEAD NILDA PLARAS.
PCSO INTELLIGENCE FUND
SCAM
AMOUNT
INVOLVED: P365,997,915.00
STATUS: PENDING, WITH 3
REMAINING DEFENDANTS
32. IN APRIL 2005, THE OMBUDSMAN FILED A PLUNDER CASE AGAINST EX-MILITARY
COMPTROLLER AND RETIRED MAJOR GENERAL CARLOS F. GARCIA, HIS WIFE
CLARITA, AND SONS IAN CARL, JUAN PAULO, AND TIMOTHY MARK. THEY ARE
ACCUSED OF AMASSING OVER P300 MILLION IN REAL ESTATE PROPERTIES, SHARES
OF STOCKS, CASH, AND OTHER ASSETS.
THE SANDIGANBAYAN IN MAY 2011 APPROVED A PLEA BARGAINING AGREEMENT
WITH GARCIA, ALLOWING HIM TO PLEAD GUILTY TO LESSER OFFENSES OF DIRECT
BRIBERY AND FACILITATING MONEY LAUNDERING.
HOWEVER, IN JULY 2013, THE SUPREME COURT ISSUED A TEMPORARY
RESTRAINING ORDER ON THE PLEA BARGAIN DEAL. GARCIA IS CURRENTLY
DETAINED AT THE NEW BILIBID PRISON.
GENERAL CARLOS GARCIA PLUNDER
CASE
AMOUNT INVOLVED: P303,272,006.00
STATUS: PENDING
33. IN JUNE 2014, 3 SENATORS WERE CHARGED WITH PLUNDER FOR THEIR REPORTED INVOLVEMENT IN THE 2013
PORK BARREL SCAM, AN ELABORATE SCHEME WHERE PUBLIC FUNDS FOR SUPPOSED GOVERNMENT PROJECTS
WERE DIVERTED AND POCKETED
A PLUNDER CASE WAS FILED AGAINST THEN SENATOR RAMON "BONG" REVILLA JR, HIS STAFF RICHARD CAMBE,
ALLEGED SCAM MASTERMIND JANET LIM NAPOLES, HER BROTHER RONALD JOHN LIM, AND HER EMPLOYEE
JOHN RAYMUND DE ASIS.
ANOTHER WAS FILED AGAINST THEN SENATOR JINGGOY ESTRADA, HIS STAFF PAULINE LABAYEN, NAPOLES, AND
DE ASIS
THE 3RD CASE WAS FILED AGAINST SENATOR JUAN PONCE ENRILE, CHIEF OF STAFF JESSICA LUCILA "GIGI" REYES,
NAPOLES, LIM AND DE ASIS.
AMONG THE SENATORS, ONLY ENRILE AND JINGGOY ESTRADA POSTED BAIL.
3 PORK BARREL SCAM CASES VS. SENATORS
AMOUNTS INVOLVED:
P224.51 MILLION (REVILLA),
P183.79 MILLION (ESTRADA),
P172.83 MILLION (ENRILE)
STATUS: PENDING
34. IN FEBRUARY 2015, THE OFFICE OF THE OMBUDSMAN FILED PLUNDER CASES AT THE SANDIGANBAYAN
AGAINST FORMER MASBATE REPRESENTATIVE RIZALINA SEACHON-LANETE AND FORMER APEC PARTY
LIST REPRESENTATIVE EDGAR VALDEZ IN CONNECTION WITH THE PORK BARREL SCAM.
JANET LIM NAPOLES AND HER DRIVER JOHN RAYMUND DE ASIS ARE NAMED CO-ACCUSED IN BOTH
CASES.
HOWEVER, BOTH LANETE AND VALDEZ ARE OUT ON BAIL, AFTER THE SANDIGANBAYAN GRANTED THEIR
PETITIONS IN APRIL 2016.
2 PORK BARREL SCAM CASES VS.
CONGRESSMEN
AMOUNTS INVOLVED: P112.29 MILLION
(LANETE), P95 MILLION (VALDEZ)
STATUS: PENDING
36. ERAP ESTRADA PLUNDER CASE
AMOUNT INVOLVED: P4,097,804,173.00
DECISION: PRESIDENT ESTRADA WAS CONVICTED, SON JINGGOY
ACQUITTED. ONE PLEADED GUILTY, 5 REMAIN AT LARGE.
37. FERTILIZER FUND SCAM
AMOUNT
INVOLVED: P265,642,930.50
DECISION: CASE DISMISSED
IN JULY 2011, 3 OFFICIALS OF THE DEPARTMENT OF AGRICULTURE (DA) WERE CHARGED WITH
PLUNDER FOR REPORTEDLY GETTING KICKBACKS FROM THE P723 MILLION IN FERTILIZER
FUNDS MEANT FOR FARMERS UNDER THE DEPARTMENT'S GININTUANG MASAGANANG ANI
PROGRAM.
FORMER AGRICULTURE UNDERSECRETARY JOCELYN "JOC-JOC" BOLANTE, FORMER SECRETARY
LUIS RAMON "CHITO" LORENZO JR, EX-ASSISTANT SECRETARY IBARRA POLIQUIT, AND 6
PRIVATE DEFENDANTS WERE ACCUSED OF THE CRIME. ONE OF THE DEFENDANTS LATER
BECAME A STATE WITNESS.
IN DECEMBER 2016, THE SANDIGANBAYAN DISMISSED THE CASE AFTER AFFIRMING ITS INITIAL
FINDING 2 YEARS AGO THAT THERE WAS NO EVIDENCE AGAINST THE ACCUSED.
38. 2 TAX PAYMENTS DIVERSION CASES
TOTAL AMOUNT
INVOLVED: P260,315,481.60
DECISION: TRANSFERRED TO A
QUEZON CITY TRIAL COURT, WHICH
FOUND 5 PEOPLE GUILTY
BUREAU OF INTERNAL REVENUE (BIR) CASHIER DOMINGA MANALILI AND 6 ACCOMPLICES FACED TWO PLUNDER
CHARGES IN AUGUST 1997 FOR DIVERTING TAX PAYMENTS OF GOVERNMENT AND PRIVATE EMPLOYEES TO
UNAUTHORIZED BANK ACCOUNTS IN 1996. THIS WAS THE FIRST PLUNDER CASE FILED BEFORE THE SANDIGANBAYAN.
INVESTIGATORS SAID THE BANK ACCOUNTS WERE "ALMOST DEPLETED" WHEN THEY DISCOVERED THEM IN LATE
1996. IN NOVEMBER 1999, THE SANDIGANBAYAN TRANSFERRED THE CASE TO A TRIAL COURT, WHICH HAD PROPER
JURISDICTION OVER THE CASE.
ON MAY 4, 2001, QUEZON CITY REGIONAL TRIAL COURT BRANCH 95 JUDGE DIOSDADO PERALTA (NOW A SUPREME
COURT ASSOCIATE JUSTICE) FOUND MANALILI GUILTY OF PLUNDER, SENTENCED HER TO TWO TERMS OF RECLUSION
PERPETUA, AND ORDERED HER TO RETURN THE STOLEN MONEY PLUS PROFITS. FOUR OF HER CO-ACCUSED WERE
ALSO GUILTY BUT REMAIN AT LARGE, WHILE TWO ACCOMPLICES WERE CLEARED OF THE CHARGES.
PERALTA RULED THAT MANALILI WOULD NOT FACE THE DEATH PENALTY "BECAUSE THERE WERE NO AGGRAVATING
CIRCUMSTANCES."
39. FAKE VEHICLE REPAIRS CASE
AMOUNT INVOLVED: P82,321,855.38
DECISION: CASE DISMISSED, BUT MANY
DEFENDANTS FACED MULTIPLE GRAFT AND
ESTAFA CHARGES
"GHOST" OR FICTITIOUS REPAIRS OF DEPARTMENT OF PUBLIC WORKS AND HIGHWAYS (DPWH) VEHICLES LED TO
THE FILING OF A PLUNDER CASE IN MARCH 2004. THE CASE INVOLVED 20 DPWH OFFICIALS AND 10 SPARE PARTS
SUPPLIERS.
AN INVESTIGATION REVEALED THAT OVER 500 VEHICLES WERE SUPPOSEDLY "REPAIRED" IN JUST A SPAN OF 10
MONTHS, FROM MARCH TO DECEMBER 2001.
HOWEVER, THE SANDIGANBAYAN DISMISSED THE CASE IN JANUARY 2005 "FOR LACK OF PROBABLE CAUSE FOR
THE CRIME OF PLUNDER WITHOUT PREJUDICE TO THE FILING OF APPROPRIATE CHARGES AGAINST THE ACCUSED-
RESPONDENTS."
GRAFT AND ESTAFA CHARGES WERE LATER FILED AGAINST NEARLY ALL OF THE RESPONDENTS – WITH 6 PEOPLE
SUED FOR OVER 100 COUNTS OF EACH CRIME – STARTING IN 2013. SINCE NOVEMBER 2016, THE SANDIGANBAYAN
HAS PROMULGATED AT LEAST 3 DECISIONS, CONVICTING 10 TO 11 OF THE DEFENDANTS OF GRAFT AND ESTAFA.
40. TAX CREDIT CERTIFICATES SCAM
AMOUNT INVOLVED: P73,762,618
DECISION: CASE DISMISSED, BUT MANY
DEFENDANTS FACED MULTIPLE GRAFT
AND ESTAFA CHARGES
IN MARCH 2009, A PLUNDER CASE WAS FILED AGAINST DEPARTMENT OF FINANCE (DOF) OFFICIALS WHO WERE
INVOLVED IN THE ILLEGAL ISSUANCE OF TAX CREDIT CERTIFICATES TO AN UNQUALIFIED FIRM BETWEEN 1994 AND 1996.
THE CASE WAS AGAINST DOF UNDERSECRETARY ANTONIO BELICENA, DEPUTY EXECUTIVE DIRECTOR ULDARICO
ANDUTAN OF THE DOF-ONE STOP SHOP INTER-AGENCY TAX CREDIT AND DUTY DRAWBACK CENTER, TWO OTHER
FINANCE EMPLOYEES, AND 4 EXECUTIVES OF FILSTAR TEXTILE INDUSTRIAL CORPORATION.
IN MARCH 2011, THE SANDIGANBAYAN DISMISSED THE CASE FOR LACK OF PROBABLE CAUSE. BUT IN RECENT YEARS, THE
ANTI-GRAFT COURT MADE RULINGS IN SEPARATE BUT RELATED GRAFT AND ESTAFA CASES AGAINST SOME OF THESE
RESPONDENTS, AS WELL AS OFFICIALS OF OTHER UNQUALIFIED COMPANIES.
FOR INSTANCE, THE SANDIGANBAYAN FOUND ANDUTAN AND 5 OTHERS GUILTY OF MULTIPLE COUNTS OF GRAFT IN
JUNE 2016. BUT IT REVERSED ITS DECISION IN JANUARY 2017 AMID NEW EVIDENCE THAT PROVED CRUCIAL TO THAT
CASE.