'Crime and Senator Joseph Estrada\r'

'The most discussed law of nature these days is land Act 7080 different than known as the law on sack up. Seen as a deterrent to bar public ordaineds from stealing money from the government, the shekels law was passed in 1991 with the most solid signatory being one Senator Joseph Estrada. In this edition of the Law Professor, we sh all in all now withdraw the intricacies of the desecrate Law. What is featherbed and how is it committed? check to percentage 2 of RA 7080, plunder is committed when a public tycoonr who, by himself or in tacit consent with members of his family, relatives by affinity or consanguinity, byplay associates, subordinates or other persons, amasses, accumulates or acquires unsportsmanlike wealthiness through a conspiracy or series of overt or lamentable acts as described in Section 1 (d) of RA 7080 in the aggregate bill or aggregate value of at to the lowest degree cardinal million pesos (P50,000,000. 00).In addition, each(prenominal) person who participated with the verbalize public ships officer in the guardianshiping of plunder shall likewise be punished. The criminal acts described in Section 1 (d) are as follows: 1. Through misappropriation, con meter reading, misuse, or malversation of public funds or raids on the public treasury; 2. By receiving, instantaneously or indirectly, any commission, gift, share, percentage, kickbacks or any/or entity in connection with any government contract or put up or by reason of the office or position of the public officer concerned; 3.By the illegal or fraudulent conveyance or disposition of assets belong to the National government or any of its subdivisions, agencies or instrumentalities or government-owned or controlled corporations and their subsidiaries; 4. By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of refer or battle including the promise of future employment in any crinkle enterprise or underta king; 5.By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to advance particular persons or special interests; or, 6. By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the cost and to the damage and prejudice of the Filipino tidy sum and the Republic of the Philippines. In the original version of RA 7080, the offender was liable plainly if the aggregate core amassed is at least Seventy-five million pesos(P75,000,000. 00) with the corresponding penalization of life imprisonment with perpetual downright disqualification from holding any public office. However, RA 7659 (The Death Penalty Law) amended Section 2 of RA 7080, and lowered the amount to Fifty million pesos and increased the imposable penalization to death, to wit: Sec. 12. Section 2 of Republic Act No. 7080 (An Act specify and Penalizing the Crime of Plunder) is hereby amended to read as follows: â€Å"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 criminal acts as described in Section 1 (d) hereof in the aggregate amount or total value of at least Fifty million pesos (P50,000,000. 00) shall be guilty of the criminal offense of plunder and shall be punished by reclusion perpetua to death.Any person who participated with the verbalize public officer in the commission of an offense contributing to the crime of plunder shall likewise be punished for much(prenominal) offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating circumstances, as provided 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 incomes and assets including the properties and shares of stocks derived from the down payment or investment thereof throw overboard in favor of the State.” Section 4 of RA 7080 also prescribes the method for proving that the crime of plunder was committed. It states that for purposes of establishing the crime of plunder, it shall not be necessary to prove each and any criminal act done by the accused in furtherance of the final cause or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being capable to establish beyond reasonable disbelieve a pattern of overt or criminal acts indicative of the overall unconventional scheme or conspiracy.\r\n'