Under Republic Act No.
7080 (act defining and penalizing the crime of plunder), the
crime of plunder is defined as follows:
“Sec. 2. Definition of the Crime of Plunder, Penalties. 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 (P75,000,000.00), shall be guilty of the crime of plunder and shall be
punished by life imprisonment with perpetual absolute disqualification from
holding any public office. Any person who participated with the said public
officer in the commission of plunder shall likewise be punished. In the
imposition of penalties, the degree of participation and the attendance 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 favor of the State.”
As in the case of RA No. 3019 (anti-graft and
corrupt practices act), preventive suspension is mandatory in cases for
violation of RA No. 7080, as provided in Sec. 5 thereof:
“Sec. 5. Suspension and Loss of Benefits. Any public
officer against whom any criminal prosecution under a valid information under
this Act 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 reinstated 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.”
It is noteworthy that Sec. 6 of RA No. 7080
provides “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, laches, or estoppel”. Thus:
“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 properties unlawfully acquired by public officers from them or from
their nominees or transferees shall not be barred by prescription, laches, or
estoppel.”
