Professional Documents
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UNIVERSITY OF ILOILO
College of Law
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3. What is the effect of the law to ill-gotten wealth and their interests and
other incomes or assets subject of the crime?
ANS. –The Court shall declare any and ill-gotten wealth and their interests and
other incomes and assets including the properties and share of stocks derived
from the deposit or investment thereof forfeited in the favor of the State.
(Section 2, Republic Act No. 7080, as amended)
ANS. –As to the penalty, this section is amended by Republic Act No. 9346
prohibiting the imposition of the death penalty in the Philippines. RA 9346 was
signed into law on June 24, 2006. In view of its provisions, the penalty for the
crime of plunder is now reclusion perpetua pursuant to Section 2 (a) of RA
9346.
ANS. –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. (Section 2, Republic Act
No. 7080, as amended)
ANS. –The convicted person shall be eligible for parole under Act. No. 4103,
otherwise known as the Indeterminate Sentence Law, as amended. (Section 2,
Republic Act No. 7080, as amended)
(3) That the aggregate amount or total value of the ill-gotten wealth
amassed, accumulated or acquired is at least P50,000,000.00.
ANS. –Section 1 (d) of the same statute cited in Section 2 above reads:
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ANS. -- The gravamen of the conspiracy charge, therefore, is not that each
accused agreed to receive protection money from illegal gambling, that each
misappropriated a portion of the tobacco excise tax, that each accused ordered
the GSIS and SSS to purchase shares of Belle Corporation and receive
commissions from such sale, nor that each unjustly enriched himself from
commissions, gifts and kickbacks; rather, it is that each of them, by their
individual acts, agreed to participate, directly or indirectly, in the
amassing, accumulation and acquisition of ill-gotten wealth of and/or
for former President Estrada. (emphasis supplied) (PEOPLE vs. ESTRADA
(Sandiganbayan Special Division Decision), Sept. 12, 2007, citing Jose “Jinggoy”
Estrada vs. Sandiganbayan [G.R. No. 148965, February 26, 2003 [C.J. Puno]).
13. What are the two (2) structures in multiple conspiracy? Explain
each. What structure applies to the case of Joseph Estrada?
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ANS. –As Senate President Salonga explained, of there are 150 constitutive
crimes charged, it is not necessary to prove beyond reasonable doubt all of
them. If a “pattern” can be shown by proving for example, 10 criminal acts, then
that would be sufficient to secure conviction.
The State is thereby enabled by this device to deal with several acts
constituting separate crimes as just one crime of plunder by allowing their
prosecution by means of a single information because there is a common
purpose for committing them, namely, that of “amassing, accumulating or
acquiring wealth through such overt or criminal acts.” The pattern is the
organizing principle that defines what otherwise would be discreet criminal acts
into the single crime of plunder. (emphasis supplied) (PEOPLE vs. ESTRADA
(Sandiganbayan Special Division Decision), Sept. 12, 2007, citing Estrada v.
Sandiganbayan (G.R. No. 148560, November 19, 2001)
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“Trust in the Lord with all thine heart; and lean not on thy own understanding.
In all thy ways acknowledge Him and He shall direct thy paths”
Proverbs 3:5-6
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