RA 7080 ANTI PLUNDER

RA 7080
ANTI PLUNDER ACT


PLUNDER
a. Public officer
b. amasses
c. ill-gotten wealth
d. at least P50 Million
e. by an act or series of overt acts that may constitute offenses
**Not necessary to prove offenses; sufficient, pattern of overt criminal acts

Ill-gotten Wealth - assets, properties, possessions acquired directly or indirectly thru dummies, nominees, agents, etc by any combination or series of the following means:
a. Misappropriation, malversation, misuse of public funds\
b. Receiving commission, gifts, shares from persons in connection with any government contracts by reason of his office
c. illegal or fraudulent conveyances of assets belonging to Nat'l Govt.
d. Receiving shares of stock etc or promise of future employment in any business enterprise
e. establishing monopolies or implementation of decrees/orders intended to benefit particular persons
f. taking undue advantage of position, authority, connection to unjustly enrich Filipino people and the Rep of the Phil

Competent Court - Sandiganbayan

Suspension and Loss of Benefits - suspended upon pending criminal prosecution/Loss upon conviction by final judgment

Prescription - 20YEARS

RA 3019 Anti Graft and Corruption

RA 3019 Anti Graft and Corruption (Reviewer)

Corrupt Practices:

a. Inducing or allowing himself to be induced to commit or violate rules and regulations by competent authority

b. Requesting or Receiving gifts etc from any person in connection with any contract where officer has to intervene with the law

c. Receiving gift in consideration of Government licenses or permits

d. Accepting (him or any of his family) employment from a person which has pending transaction wih the officer

e. Causing undue injury to any party, inc the Govt/giving unwarranted benefits with bad faith

f. Refusing to act within matters pending before him without just cause, after due demand

g. Entering into contract in behalf of the Govt which is manifestly disadvantageous to the same

h. Having pecuniary interest in transactions with which he takes part in is official duty or where he is prohibited by the Constitution to have interes with

i. Becoming interested, for personal gain in transactions with the need of approval of a board, where he is a member

j. Knowinly granting licenses to person which he knows are not qualified

k. Divulging valuable informaion acquired by his office or releasing info in advance of authorized release date

Prohibition on Private Individual

a. capitalize or take advantage of relationship with public officer and receive gifts from other persons in exchange of help

b. induce official to commit offense

Prohibition on Members of Congress

Receive personal pecuniary interest in any enterprise which will particularly benefit from his authored law

Statement of Assets and Liabilities

January of every other year

Upon resignation, expiration of term, separation with office

Prescription of Offenses

10YEARS

Termination of Office

May not resign or retire pending an investigation or prosecution against him

Suspension and Loss of Benefits

Lose ALL benefits

EXCEPTION

Small/insignificant value - given as ordinary token according to local customs