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This page features the full text of
Republic Act No. 7080An
Act Defining And Penalizing The Crime of Plunder.
ACT NO. 7080 [As
Amended by Republic
Act No. 7659 (The Death Penalty Law)] AN
ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER.
1. Definition of terms. - As used in this Act, the term:
Officer" means any person holding any public office
Government of the Republic of the Philippines by virtue of an
election or contract.
Sec. 2. Definition
of the Crime of Plunder; Penalties. - Any public officer who, by
or in connivance with members of his family, relatives by affinity or
business associates, subordinates or other persons, amasses,
or acquires ill-gotten wealth through a combination or series of overt
criminal acts as described in Section 1
hereof 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
be punished by reclusion perpetua to death. Any person
participated with the said public officer in the commission of an
contributing to the crime of plunder shall likewise be punished for
offense. In the imposition of penalties, the degree of
and the attendance of mitigating and extenuating circumstances, as
by the Revised
Penal Code, shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and other
and assets including the properties and shares of stocks derived from
deposit or investment thereof forfeited in favor of the State.
[As Amended by Section 12, Republic
Act No. 7659 (The Death Penalty Law)] (Click
here for old provision of Section 2, of Republic Act No. 7080)
includes the National Government, and any of its subdivisions,
or instrumentalities, including government-owned or controlled
and their subsidiaries.
includes any natural or juridical person, unless the context indicates
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,
subordinates and/or business associates by any combination or series of
the following means or similar schemes:
misappropriation, conversion, misuse, or malversation of public funds
raids on the public treasury;
receiving, directly or indirectly, any commission, gift, share,
kickbacks or any/or entity in connection with any government contract
project or by reason of the office or position of the public officer
the illegal or fraudulent conveyance or disposition of assets belonging
to the National government or any of its subdivisions, agencies or
or government-owned or controlled corporations and their subsidiaries;
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
establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to
particular persons or special interests; or
taking undue advantage of official position, authority, relationship,
or influence to unjustly enrich himself or themselves at the expense
to the damage and prejudice of the Filipino people and the Republic of
Sec. 3. Competent
Court. - Until otherwise provided by law, all prosecutions under
Act shall be within the original jurisdiction of the Sandiganbayan.
Sec. 4. Rule
of Evidence. - For purposes of establishing the crime of plunder,
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
doubt a pattern of overt or criminal acts indicative of the overall
scheme or conspiracy.
Sec. 5. Suspension
and Loss of Benefits. - Any public officer against whom any
prosecution under a valid information under this Act in whatever stage
of execution and mode of participation, is pending in court, shall be
from office. Should he be convicted by final judgment, he shall lose
retirement or gratuity benefits under any law, but if he is acquitted
shall be entitled to reinstated and to the salaries and other benefits
which he failed to receive during suspension, unless in the meantime,
proceedings have been filed against him.
Sec. 6. Prescription
of Crime. - The crime punishable under this Act shall prescribe in
twenty (20) years. However, the right of the State to recover
unlawfully acquired by public officers from them or from their nominees
or transferees shall not be barred by prescription, laches, or estoppel.
Sec. 7. Separability
of Provisions. - If any provisions of this Act or the application
to any person or circumstance are held invalid, the remaining
of this Act and the application of such provisions to other persons or
circumstances shall not be affected thereby.
Sec. 8. Scope.
- This Act shall not apply to or affect pending prosecutions or
or those which may be instituted under Executive Order No. 1 issued and
promulgated on February 28, 1986.
Sec. 9. Effectivity.
- This Act shall take effect after fifteen (15) days from its
in the Official Gazette and in a newspaper of general circulation.
July 12, 1991
Old provision of Section 2, Republic Act No.
7080 prior to its amendment by Section
12, Republic Act No. 7659. otherwise known as the Death Penalty Law:
2. Definition of the Crime of Plunder, Penalties. - Any public
who, by himself or in connivance with members of his family, relatives
by affinity or consanguinity, business associates, subordinates or
persons, amasses, accumulates or acquires ill-gotten wealth through a
or series of overt or criminal acts as described in Section 1(d)
in the aggregate amount or total value of at least Seventy five million
pesos (P75,000,000.00), shall be guilty of the crime of plunder and
be punished by life imprisonment with perpetual absolute
from holding any public office. Any person who participated with the
public officer in the commission of plunder shall likewise be punished.
In the imposition of penalties, the degree of participation and the
of mitigating and extenuating circumstances shall be considered by the
court. The court shall declare any and all ill-gotten wealth and their
interests other incomes and assets including the properties and shares
of stocks derived from the deposit or investment thereof forfeited in
of the State.
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