A Crime of Plunder: The Criminal Charge Faced by Philippine Senators Juan Ponce Enrile, Ramon "Bong" Revilla, Jr. and Jinggoy Ejercito Estrada and Pork-Barrel Queen Janet Lim Napoles and Other Several Accused

Finally after the myriad legal maneuvers invoked by both parties, the crime of plunder has been charged to those persons linked to 10-Billion Peso PDAF Scam.  Among the personalities indicted are the three Philippine Senators and the alleged Pork-Barrel Queen Janet Lim-Napoles.

A photo of some of the accused (Napoles, Revilla, Enrile and Estrada) in the Plunder Case taken from Bing Images.

As a matter of fact, the Filipinos have witnesses the real life drama unfolded on their very eyes.  The warrant of arrest has been ordered for the arrest to one of the accused Senator Ramon "Bong" Revilla, Jr.  

This post is not to prejudice the minds of the Filipinos nor it would insinuate the guilt of all of the accused.  It would simply tell how the crime of plunder is committed and other salient features of the plunder law as embodied in Republic Act No. 7080 or the Anti-Plunder Act. 

Definition of the crime of plunder:

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 the plunder law, 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. 

Who may be charged with the crime of plunder?

1.  Any public officer

Thus, the accused in the plunder case involves the three Philippine Senators namely Senators Juan Ponce Enrile, Ramon "Bong" Revilla, Jr. and Jinggoy "Ejercito" Estrada.

2.  Any person who participated with the said public officer.

It refers to any person, be it a public officer or any private individual, who has participated with the public officer.  Hence, some of the private persons, like the alleged Pork Barrel Queen Janet Lim Napoles, are included in the charge.

Note:  What is important is the amassing of the ill-gotten wealth to at least FIFTY MILLION PESOS (P50,000,000.00).

What is an ill-gotten wealth?

It means any asset, property, business enterprise or material possession of any person within the purview of the Anti-Plunder Act, acquired by him directly or indirectly through dummies, nominees, agents, subordinates and or business associates.

Means of accumulating ill-gotten wealth:

It may be accumulated by any combination or series of the following means or similar schemes:

1.      Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;

2.     By receiving, directly or indirectly, 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 or by reason of the office or position of the public officer concerned;

3.     By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivision, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries;

4.     By obtaining agricultural, industrial or commercial monopolies or other combination and/or implementation of decrees and orders intended to benefit particular persons or special interests; or

5.     By 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 Filipino people and the Republic of the Philippines.

Who is a public officer?

A public officer is any person holding any public office in the Government of the Republic of the Philippines by virtue of an appointment, election or contract.

What court which has jurisdiction to try the case of plunder?

Until otherwise provided by law, all prosecutions under the plunder act shall be within the original jurisdiction of the Sandiganbayan.

Rule of evidence required in the crime of plunder:

For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the over-all unlawful scheme or conspiracy.

Suspension and Loss of Benefits:

Any public officer against whom any criminal prosecution under a valid information under this law in 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.

Prescription of crimes:

The crime of punishable under this law shall prescribe in twenty (20) years.  However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription.

Bailable?

No.  The crime of plunder is not bailable considering that the imposable penalty hereof is reclusion perpetua to death or imprisonment of 20 days and 1 day to 40 years.  Because death penalty is suspended, only the penalty of imprisonment would be meted out.

However, it will not bar the accused from filing to the court a motion to fix bail.  The court will grant such motion after the same is convinced that the evidence of the prosecution is not that strong.

Presumption of Guilt?

No.  All of the accused shall enjoy the presumption of innocence.  As of this stage of the proceeding, all of the accused are still presumed INNOCENT until their guilt is proven beyond reasonable doubt.  The burden is in the prosecution to show the guilt of the accused beyond reasonable doubt.