CRIMINAL LAW

IV. SPECIAL PENAL LAWS

I. Anti-Plunder Act [R.A. No. 7080, as amended by R.A. No. 7659]

2. Definition of the Crime of Plunder, Series, and Combination

The Anti-Plunder Act (Republic Act No. 7080, as amended by R.A. No. 7659) was enacted to address large-scale corruption and punish public officers who accumulate ill-gotten wealth through a combination or series of overt or criminal acts. Below is a detailed and meticulous analysis of the crime of plunder and the related concepts of "series" and "combination."

I. DEFINITION OF PLUNDER

Under Section 2 of R.A. No. 7080, plunder is defined as follows:

"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 Section 1(d) hereof, in the aggregate amount or total value of at least Seventy-Five Million Pesos (₱75,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death."

The essential elements of the crime are:

The offender is a public officer (or a private individual in conspiracy with a public officer).
The ill-gotten wealth is amassed, accumulated, or acquired through a combination or series of overt or criminal acts.
The aggregate amount of ill-gotten wealth is at least ₱75,000,000.00.

II. CONCEPT OF "ILL-GOTTEN WEALTH"

Under Section 1(d) of R.A. No. 7080, ill-gotten wealth is defined as:

"Any asset, property, business enterprise, or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, and/or business associates by any combination or series of the following means:"

These means include:

Misappropriation, conversion, misuse, or malversation of public funds or property.
Receiving, directly or indirectly, any commission, gift, share, percentage, kickback, or any other form of pecuniary benefit from any person in connection with any government contract or project.
Illegal or fraudulent conveyance, disposition, encumbrance, or concealment of funds or property.
Fraudulent acquisition, possession, or use of government funds or property.
Unjust enrichment through the abuse of official functions or positions.

III. COMBINATION AND SERIES

The act of amassing ill-gotten wealth must be accomplished through a combination or series of overt or criminal acts, as defined in Section 1(d). The terms are defined as follows:

1. Combination of Overt or Criminal Acts

A combination refers to the execution of two or more distinct means of acquiring ill-gotten wealth as enumerated in Section 1(d).

Example: A public officer receives kickbacks from a government project (means 2) and at the same time misappropriates public funds (means 1).

2. Series of Overt or Criminal Acts

A series refers to the repetition of the same act multiple times to accumulate ill-gotten wealth.

Example: A public officer receives kickbacks from multiple contracts over a sustained period (repeated execution of means 2).

IV. AGGREGATE VALUE THRESHOLD

The ill-gotten wealth must reach an aggregate amount of at least ₱75,000,000.00.

This threshold is critical, as acts that fall below the threshold may not constitute plunder but could still be prosecuted under other offenses, such as malversation or bribery.

V. PENALTIES

1. Reclusion Perpetua to Death

The penalty for plunder is reclusion perpetua to death, as amended by R.A. No. 7659.
However, the death penalty is currently suspended under R.A. No. 9346. Thus, reclusion perpetua remains the highest applicable penalty.

2. Forfeiture of Properties

All ill-gotten wealth and properties amassed by the offender shall be forfeited in favor of the State.

VI. PRESUMPTION OF UNJUST ENRICHMENT

Under Section 2 of R.A. No. 7080, a public officer is presumed to have illegally amassed wealth if the total unexplained assets or properties in his possession exceed his lawful income.

VII. CONSPIRACY IN PLUNDER

The law explicitly punishes conspiracy in the commission of plunder. Any private individual who acts in conspiracy with a public officer is equally liable for plunder.

VIII. JURISDICTION AND PROSECUTION

Plunder cases fall under the exclusive jurisdiction of the Sandiganbayan, as provided under the Constitution and applicable laws.

Special rules of evidence apply, including the admissibility of documents showing unexplained wealth.

IX. KEY JURISPRUDENCE

1. Estrada v. Sandiganbayan (G.R. No. 148560, 2001)

The Supreme Court clarified that plunder is a single crime despite involving a combination or series of acts. What matters is the ultimate goal of accumulating ill-gotten wealth exceeding ₱75,000,000.

2. People v. Sandiganbayan (G.R. No. 139568, 2001)

The Court emphasized that the gravamen of plunder is the accumulation of wealth through illegal means, and the law does not require proof of each specific act as long as the combination or series of acts is established.

3. Enrile v. Sandiganbayan (G.R. No. 213847, 2015)

The Court ruled on the grant of bail, emphasizing the strength of evidence required for plunder cases and the constitutional presumption of innocence.

X. NOTABLE FEATURES OF THE ANTI-PLUNDER ACT

Non-Bailable Nature of Plunder

Plunder is generally non-bailable when evidence of guilt is strong, as it is a capital offense.

Focus on High-Ranking Officials

The law targets corruption at the highest levels, with a focus on officials abusing public trust.

Restitution to the State

Emphasis is placed on recovering stolen assets and restoring them to public coffers.

CONCLUSION

The Anti-Plunder Act is a powerful tool against large-scale corruption. Its elements—combination or series of overt acts, threshold amount, and intent—must be proven with strong evidence. Jurisprudence emphasizes its singular nature and the severity of its penalties, underscoring its role in upholding public accountability and integrity.