BULLETIN: FROM PLUNDER TO BRIBERY
MANILA, DECEMBER 29, 2010 (BULLETIN) By ATTY. ROMEO V. PEFIANCO - For the benefit of our mainstream population, let's take a closer look, in layman's terms, at the crimes of plunder (RA 7080, July 12, 1991) and bribery (Act. 210, Penal Code). The two are too deep in difference and cannot be reconciled with a smile or sigh.
At least P50 M
Plunder is committed by "any public officer himself, or in connivance with members of his family, relatives, business associates, or other persons, who amasses, accumulates, or acquires ill-gotten wealth through a combination or series of overt or criminal acts... in the aggregate amount of at least P50 M."
Penalty: Reclusion perpetua – 20 years and 1 day to 40 years – to death (later abolished by Congress). Diverting/stealing P300 M plus is more than simple plunder. The amount stolen and its penalty indicate the gravity of the offense.
Via schemes
Rule of evidence: It is not necessary "to prove each and every criminal act done by the accused to amass ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of criminal acts indicating unlawful scheme or conspiracy."
Amassing ill-gotten wealth from government contracts and purchase of supplies is such an unlawful scheme.
Accepting temptation
Bribery can be easily understood or appreciated. It is committed by any public officer "who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift, or present received by such officer personally or through another."
Penalty: Prision mayor or 6 years and 1 day to 12 years – a slap on the wrist compared with the penalty for plunder. Example: A prosecutor or judge who drops a serious offense for a bribe of P1,000,000 or more is guilty of bribery.
Process with honor
Plea bargaining is a process of negotiation between the prosecution and defense in a criminal case whereby the accused – in return for clemency or a lighter sentence – agrees to plead guilty to a lesser offense. (Sec. 2, Rule 116, Rules of Court)
Rewards?
Some cases of plea bargaining: 1) Frustrated murder reduced to frustrated homicide, 2) attempted homicide to any degree of physical injuries, 3) qualified theft to simple theft or a lesser penalty of at least two degrees.
Active villain
In plunder, the accused is the active party in amassing or acquiring ill-gotten wealth of at least P50 M or more, like P300 M. If the ill-gotten wealth is only P49,999,995, there's always a way of adding P1,000 more and save prosecutors/judges a lot of bother.
Strong evidence
According to veteran observers, accused General Garcia was denied bail twice, one straight and fresh indication that evidence of guilt is strong to convict him of plunder.
Terms
Mainstream Filipinos don't understand legal doctrines, jurisprudence, plea bargaining, but the following: 1) legal compromise must serve as model of good and responsive government, 2) justice should stay high and good faith must rule, 3) there's a need to disclose freely/openly the terms of plea bargaining, and 4) full return of money/property stolen as cited in the Penal Code.
No favor for Erap
This author can't recall if President Erap ever asked for presidential or judicial favors in 2001 or after. When bail was denied, he did not question his detention for six years. He suffered trial for plunder, was convicted, and was sentenced.
Erap suffered loss of freedom and visible humiliation when he was reportedly driven from power by the "people" or partisans led by politicians and church leaders.
Praying for blessings
In 2007, after Erap's pardon, the same political leaders/partisans happily whistled and trekked to Erap's house on Polk Street, San Juan, and begged for support/blessing as candidates for senators, congressmen, governor, mayor, etc. in the May, 2007, election.
Reward for defiance
Erap's clear defiance of his torturers was rewarded with second place, below Noynoy, in May this year. If Noynoy had not chosen to run, Erap would be president now as shining and clear judgment/pardon from the people.
In plunder, the accused is viewed as the active and principal villain in stealing money/property, while in bribery the public officer was only tempted to earn extra income on the side. That's all, in the meantime.
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Chief News Editor: Sol Jose Vanzi
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