Criminal Law › Special Penal Laws

L. Anti-Plunder Act (RA 7080, as amended by RA 7659)

Elements of the crime of plunder:

  • That the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates, or other persons;
  • That he amassed, accumulated or acquired ill-gotten wealth through a combination or series using the means or similar scheme enumerated under the definition of “illgotten wealth” above; and,
  • That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at least P50,000,000.00. (Sec. 12, RA 7659)

PRESCRIPTION

The crime of plunder shall prescribe in twenty (20) years.

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. (Sec. 6, RA 7080)

Liability of persons other than Public Officer charged

Any person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall likewise be liable for the crime of plunder.

Jurisdiction

Unless otherwise provided by law, all prosecutions for the crime of plunder shall be within the original jurisdiction of the Sandiganbayan (Sec. 3, RA 7080)

Authorities

  • RA 7080, Sec. 3
  • RA 7080, Sec. 6
  • RA 7659, Sec. 12