Republic Act no. 70
Republic Act no. 7080 - AN ACT DEFINING AND PENALIZING THE CRIME 80 - AN ACT DEFINING AND PENALIZING THE CRIME F PL!NDER F PL!NDER Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in Section 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 consanuinity, business associates, connivance with members of his family, relatives by affinity or consanuinity, business associates, sub
subordordininateates s or or othother er pepersorsonsns, , amaamassesses, s, acaccumcumulaulates tes or or acac!ui!uireres s illill-o-ottetten n weawealth lth ththrourouh h aa combination or series of overt or criminal acts as described in Section "#d$ hereof, in the areate combination or series of overt or criminal acts as described in Section "#d$ hereof, in the areate amount or total value of at least Seventy-five million pesos #P%&,''','''.''$, shall be uilty of the amount or total value of at least Seventy-five million pesos #P%&,''','''.''$, shall be uilty of the crime of plunder and shall be punished by life imprisonment with perpetual absolute dis!ualification crime of plunder and shall be punished by life imprisonment with perpetual absolute dis!ualification from holdin any public office. Any person who participated with said public officer in the commission from holdin any public office. Any person who participated with said public officer in the commission of plunder shall li(ewise be punished. )n the imposition of penalties, the deree of participation and the of plunder shall li(ewise be punished. )n the imposition of penalties, the deree of participation and the attendance of mitiatin and e*tenuatin circumstances shall be considered by the court. +he court attendance of mitiatin and e*tenuatin circumstances shall be considered by the court. +he court shall declare any and all ill-otten wealth and their interests and other incomes and assets includin the shall declare any and all ill-otten wealth and their interests and other incomes and assets includin the properties and shares of stoc( derived from the deposit or investment thereof forfeited in favor of the properties and shares of stoc( derived from the deposit or investment thereof forfeited in favor of the State.
State.
"ection # A$ %&en'e' b( "ection )# o* RA No.7+, - AN ACT T IMP"E THE DEATH "ection # A$ %&en'e' b( "ection )# o* RA No.7+, - AN ACT T IMP"E THE DEATH PENAL
PENALT T N N CERCERTTAIN AIN HEINHEIN!" !" CRIMECRIME"/ AMENDING "/ AMENDING FR FR THATHAT T P!RPP!RP"E "E THETHE RE
REI"ED I"ED PENPENAL AL LALA1"/ 1"/ A" A" AMEAMENDENDED/ D/ THTHER ER "PE"PECIACIAL L PENPENAL AL LALA1"/ AND 1"/ AND FR FR THER P!RP"E"
THER P!RP"E"
Section "2. Section 2 of epublic Act o. %'' #An Act Definin and Penali/in the Crime of Plunder$ Section "2. Section 2 of epublic Act o. %'' #An Act Definin and Penali/in the Crime of Plunder$ is hereby amended to read as follows0
is hereby amended to read as follows0
1Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by himself or in 1Sec. 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 consanuinity, business associates, connivance with members of his family, relatives by affinity or consanuinity, business associates, sub
subordordininateates s or or othother er pepersorsonsns, , amaamassesses, s, acaccumcumulaulates tes or or acac!ui!uireres s illill-o-ottetten n weawealth lth ththrourouh h aa combination or series of overt criminal acts as described in Section " #d$ hereof in the areate combination or series of overt criminal acts as described in Section " #d$ hereof in the areate amount or total value of at least ifty million pesos #P&',''','''.''$ shall be uilty of the crime of amount or total value of at least ifty million pesos #P&',''','''.''$ shall be uilty of the crime of plunder and shall be punished by reclusion perpetua to death. Any person who participated with the plunder and shall be punished by reclusion perpetua to death. Any person who participated with the said public officer in the commission of an offense contributin to the crime of plunder shall li(ewise said public officer in the commission of an offense contributin to the crime of plunder shall li(ewise be punished for such offense. )n the imposition of penalties, the deree of participation and the be punished for such offense. )n the imposition of penalties, the deree of participation and the attendance of mitiatin and e*tenuatin circumstances, as provided by the evised Penal Code, shall attendance of mitiatin and e*tenuatin circumstances, as provided by the evised Penal Code, shall be considered by the court. +he court shall declare any and all ill-otten wealth and their interests and be considered by the court. +he court shall declare any and all ill-otten wealth and their interests and other incomes and assets includin the properties and shares of stoc(s derived from the deposit or other incomes and assets includin the properties and shares of stoc(s derived from the deposit or investment thereof forfeited in favor of the State.1
investment thereof forfeited in favor of the State.1 3435A+ 67)SP7D3C3
3435A+ 67)SP7D3C3 "
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PEPLE " E"TRADA/ "ANDIGAN2AAN/ CRIMINAL CA"E N. #+,,8. )# "EPTEM2ER PEPLE " E"TRADA/ "ANDIGAN2AAN/ CRIMINAL CA"E N. #+,,8. )# "EPTEM2ER
#007 #007
FACT" FACT"
8n > April 2''", an )nformation for plunder was filed aainst former President 6oseph 3ercito 8n > April 2''", an )nformation for plunder was filed aainst former President 6oseph 3ercito
3s
3strtradada a #B#BPPreres. s. 3s3strtradadaBaB $, $, totoeethther er wiwith th 6o6ose se BB66ininoyoyB B 3s3strtradada, a, ChChararliliee BEA
BEAtontonB B An, 3dward Serapio An, 3dward Serapio, , olanolanda +. da +. icaicafortforte, Alma Alfaroe, Alma Alfaro, , 3leu3leuteriterio o ++an, an, a.(.a.(.a.a. 3leuterio amos +an or <r. 7y, 6ane Doe a.(.a. Delia aas, and 6ohn F 6ane Does, for the 3leuterio amos +an or <r. 7y, 6ane Doe a.(.a. Delia aas, and 6ohn F 6ane Does, for the crime of Plunder defined and penali/ed under .A. o. %'', as amended by Sec. "2 of .A. crime of Plunder defined and penali/ed under .A. o. %'', as amended by Sec. "2 of .A. o. %=&?. +he )nformation was subse!uently amended, as follows0
o. %=&?. +he )nformation was subse!uently amended, as follows0 A<3D3D
A<3D3D )8<A)8<A+)8+)8 +he
+he undersinundersined 8mbed 8mbudsman udsman ProsecutoProsecutor anr and 8)C-Did 8)C-Directorrector, 3P):, , 3P):, 8ffice 8ffice of tof the 8mbhe 8mbudsman,udsman, hereby accuses former P3S)D3+ 8 +G3 PG)4)PP)3S, 6oseph 3ercito 3strada a.(.a. hereby accuses former P3S)D3+ 8 +G3 PG)4)PP)3S, 6oseph 3ercito 3strada a.(.a. B
BAAS)S)889 9 SASA484899ABAB A AD D a.a.(.(.a. a. BB668S8S3 3 53534A4ADD3B3B , , totoeethther er wiwith th 6o6osese BE6
BE6ininoyBoyBH H 3str3strada, Charlie BAtonada, Charlie BAtonB B An, An, 3dwa3dward rd SeraSerapio, pio, olaolanda +. nda +. icaicafortforte,e, Alma Alfaro, 68G D83 a.(.a. 3leuterio +an 8 3leuterio amos +an or <r. 7y, 6ane Doe Alma Alfaro, 68G D83 a.(.a. 3leuterio +an 8 3leuterio amos +an or <r. 7y, 6ane Doe a.(.a. Delia aas, and 6ohn D83S
a.(.a. Delia aas, and 6ohn D83S F 6ane Does, of F 6ane Does, of the crime of Plunder, definethe crime of Plunder, defined and penali/edd and penali/ed under .A. o. %'', as
under .A. o. %'', as amended by Sec. "2 of .A. amended by Sec. "2 of .A. o. %=&?, committed as follows0o. %=&?, committed as follows0 +hat du
+hat durin trin the pehe period friod from 6urom 6une, "?ne, "?? to 6a? to 6anuarnuaryy, 2''", i, 2''", in the Phn the Philipilippinepines, and wis, and within tthin thehe urisdicti
urisdiction on of of this this GonorablGonorable e Court, Court, accused accused 6oseph 6oseph 3ercito 3ercito 3strada, 3strada, +G3 +G3 A A P7:4)CP7:4)C 8)C3, :3)9 +G3 +G3 P3S)D3+ 8 +G3 3P7:4)C 8
8)C3, :3)9 +G3 +G3 P3S)D3+ 8 +G3 3P7:4)C 8 +G3 PG)4)PP)3S, by+G3 PG)4)PP)3S, by him
himselself f ADADI8 I8 in in C8C8)5)5ACAC3IC3IC8S8SP)P)AC AC witwith h hihis s coco-ac-accucusesed, d, JG8 JG8 A3A3 <3<
<3<:3:3S S 8 8 G)S G)S A<)A<)44, , 3434AA+)5+)53S 3S : : AA))))+ + 8 8 C8C8SASA97)97))+)+,, :7S)3SS ASS8C)A+3S, S7:8D)A+3S ADI8 8+G3 P3S8S, : +AK)9 :7S)3SS ASS8C)A+3S, S7:8D)A+3S ADI8 8+G3 P3S8S, : +AK)9 7D73
7D73 AD5AD5A+A+A93 A93 8 8 G)S G)S 8)C)A4 P8S)+)8, 8)C)A4 P8S)+)8, A7+G8)+A7+G8)+, , 34A34A+)8SG)P+)8SG)P,, C83C+)8, 8 )473C3, did then and there willfully, unlawfully and criminally C83C+)8, 8 )473C3, did then and there willfully, unlawfully and criminally amass, accumulate and ac!uire : G)<S34, D)3C+4 8 )D)3C+4, ill-otten wealth amass, accumulate and ac!uire : G)<S34, D)3C+4 8 )D)3C+4, ill-otten wealth in the areate amount 8 +8+A4 5A473 of 87 :)44)8 )3+ S353 <)44)8 in the areate amount 8 +8+A4 5A473 of 87 :)44)8 )3+ S353 <)44)8 3)9G+ G7D3D 87 +G87SAD 83 G7D3D S353+ +G33 P3S8S AD 3)9G+ G7D3D 87 +G87SAD 83 G7D3D S353+ +G33 P3S8S AD S35
S353+3+33 33 C3C3++AA58S 58S LPLP>,'>,'?%?%,','>,">,"%@%@."%."%M, M, mormore e or or lesless, s, +G3+G33:3: 76767S+7S+44 3)CG)9 G)<S34 8 +G3<S3453S A+ +G3 3NP3S3 AD +8 +G3 DA<A93 3)CG)9 G)<S34 8 +G3<S3453S A+ +G3 3NP3S3 AD +8 +G3 DA<A93 8 +G3 )4)P)8 P38P43 AD +G3 3P7:4)C 8 +G3 PG)4)PP)3S, throuh A 8 +G3 )4)P)8 P38P43 AD +G3 3P7:4)C 8 +G3 PG)4)PP)3S, throuh A 8 A combination 8 A series of overt 8 criminal acts, 8 S)<)4A SCG3<3S 8 8 A combination 8 A series of overt 8 criminal acts, 8 S)<)4A SCG3<3S 8 <3AS, described as follows0
<3AS, described as follows0 #a$ by
#a$ by receivireceivin 8 con 8 collectinllectin, directly , directly or indor indirectlyirectly, on , on S353A4 S353A4 )S+)S+AC3S, <83 AC3S, <83 )) +G3
+G3 A99A993939AA+3 +3 A<8A<87+ 7+ 8 8 )5)53 3 G7G7D3D3D D 88++--)53 )53 <)4<)44)84)8 P3SP3S8S8S #P&>&,''','''.''$, <83 8 43SS, 8< )4439A4 9A<:4)9 ) +G3 8< 8 #P&>&,''','''.''$, <83 8 43SS, 8< )4439A4 9A<:4)9 ) +G3 8< 8 9)+, SGA3, P3C3+A93, K)CK:ACK 8 A 8< 8 P3C7)A :33)+, 9)+, SGA3, P3C3+A93, K)CK:ACK 8 A 8< 8 P3C7)A :33)+, :
: G)<SG)<S34 ADI8 34 ADI8 in in conconnivanivance nce with with co-aco-accusccused ed CGA4CGA4)3 )3 BEABEA+8+89BH A9,9BH A9, 68S3 BE6inoyBH 3strada, olanda +. icaforte, 3dward Serapio, AD 68G D83S AD 68S3 BE6inoyBH 3strada, olanda +. icaforte, 3dward Serapio, AD 68G D83S AD 6A
6A3 3 D8D83S3S, , in in coconsnsididereratatioion n 8 8 +8+84343AA+)+)8 8 8 8 PP8+8+3C3C+)+)8 8 8 8 )4)443439A9A44 9A<:4)9;
9A<:4)9; #b$ b
#b$ by D)53y D)53+)9, 3C3)5)+)9, 3C3)5)9, misa9, misappropriatppropriatin, coin, convertin nvertin 8 misus8 misusin D)in D)3C+43C+4 88 )D)3C+4, for G)S 8 +G3) P3S8A4 ain and benefit, public funds in the amount of )D)3C+4, for G)S 8 +G3) P3S8A4 ain and benefit, public funds in the amount of 83 G7D3D +G)+ <)44)8 P3S8S LP"@',''','''.''M, more or less, representin a 83 G7D3D +G)+ <)44)8 P3S8S LP"@',''','''.''M, more or less, representin a portion of the +J8 G7D3D <)44)8 P3S8S LP2'',''','''.''M tobacco e*cise ta* share portion of the +J8 G7D3D <)44)8 P3S8S LP2'',''','''.''M tobacco e*cise ta* share allocated for the Province of )locos Sur under .A. o. %"%", : G)<S34 ADI8 in allocated for the Province of )locos Sur under .A. o. %"%", : G)<S34 ADI8 in C8)5AC3 with co-accused Charlie BEAtonBH An, Alma Alfaro, 68G D83 a.(.a. C8)5AC3 with co-accused Charlie BEAtonBH An, Alma Alfaro, 68G D83 a.(.a.
3leuterio +an 8 3leuterio amos +an or <r. 7y, and 6ane Doe a.(.a. Delia aas, AD 3leuterio +an 8 3leuterio amos +an or <r. 7y, and 6ane Doe a.(.a. Delia aas, AD 8+G3 68G D83S AD 6A3 D83S;
8+G3 68G D83S AD 6A3 D83S; #c$ b
#c$ by direy directin, ctin, orderin orderin and and compellincompellin, 8 , 8 G)S P3G)S P3S8A4 S8A4 9A) 9A) AD :33AD :33)+)+, the, the 9overnment Service )nsurance System #9S)S$ +8 P7CGAS3, @&",%,''' SGA3S 8 9overnment Service )nsurance System #9S)S$ +8 P7CGAS3, @&",%,''' SGA3S 8 S+8CKS, <83 8 43SS, and the Social Security System #SSS$, @2?,&&,''' SGA3S 8 S+8CKS, <83 8 43SS, and the Social Security System #SSS$, @2?,&&,''' SGA3S 8 S+8CK, <83 8 43SS, 8 +G3 :3443 C8P8A+)8 ) +G3 A<87+ 8 <83 S+8CK, <83 8 43SS, 8 +G3 :3443 C8P8A+)8 ) +G3 A<87+ 8 <83 8 43SS 83 :)44)8 83 G7D3D +J8 <)44)8 )3 G7D3D S)N+ )53 8 43SS 83 :)44)8 83 G7D3D +J8 <)44)8 )3 G7D3D S)N+ )53 +G87SAD S)N G7D3D S353 P3S8S AD )+ C3+A58S LP","'2,?=&,='%.&'M +G87SAD S)N G7D3D S353 P3S8S AD )+ C3+A58S LP","'2,?=&,='%.&'M AD <83 8 43SS S353 G7D3D 8+ 87 <)44)8 S)N G7D3D AD <83 8 43SS S353 G7D3D 8+ 87 <)44)8 S)N G7D3D +J
+J343453 53 +G+G8787SASAD D AAD D 887 7 G7G7DD33D D ))++ P3P3S8S8S S LPLP%>%>>,>,="="2,2,>&>&'.'.''''M,M, 3SP3C+)534, 8 A +8+A4 8 <83 8 43SS 83 :)44)8 3)9G+ G7D3D 3SP3C+)534, 8 A +8+A4 8 <83 8 43SS 83 :)44)8 3)9G+ G7D3D 8
8+ + S35S353 3 <)<)44)44)8 8 ))53 53 G7G7D3D3D D S35S353+3+ 3)93)9G+ G+ +G8+G87SA7SAD D ))++ S353
S353 P3S8S AD P3S8S AD )+ C3+)+ C3+AA58S 58S LP",>%,&LP",>%,&%,'&%.&'M%,'&%.&'M; AD ; AD : C8443C+)9 : C8443C+)9 88 3C3)5)9,
3C3)5)9, D)3C+4D)3C+4 8 8 )D)3C+4)D)3C+4, , : G)<S34 : G)<S34 ADI8 ADI8 ) ) C8)5C8)5AC3AC3 J)+G 68G D83S AD 6A3
J)+G 68G D83S AD 6A3 D83S, C8<<)SS)8S 8 P3C3+D83S, C8<<)SS)8S 8 P3C3+A93S : 3AS8A93S : 3AS8 8 SA)D P7CGAS3
8 SA)D P7CGAS3S 8 S 8 SGA3SGA3S 8 S 8 S+8CS+8CK ) K ) +G3 A<87+G3 A<87+ 8 + 8 83 G7D3D83 G7D3D 3)9G+
3)9G+ )3 )3 <)44<)44)8 )8 S353 S353 G7DG7D3D 3D +G87S+G87SAD AD P3S8P3S8S S LP"LP"?,%'?,%'',''','''.'''.''M,M, <83 8 43SS, 8< +G3 :3443 C8P8A+)8 JG)CG :3CA<3 PA+ 8 +G3 <83 8 43SS, 8< +G3 :3443 C8P8A+)8 JG)CG :3CA<3 PA+ 8 +G3 D3P8S)+ ) +G3 3O7)+A:43-PC) :AK 7D3 +G3 ACC87+ A<3 B68S3 D3P8S)+ ) +G3 3O7)+A:43-PC) :AK 7D3 +G3 ACC87+ A<3 B68S3 53
534A4ADD33BB ;;
#d$ b
#d$ by uny unustly eustly enrichin nrichin himself himself 8< C8<<8< C8<<)SS)8S, )SS)8S, 9)+S, 9)+S, SGA3S, PSGA3S, P3C3+3C3+A93S,A93S, K)CK:ACKS, 8 A 8< 8 P3C7)A :33)+S, ) C8)5AC3 J)+G K)CK:ACKS, 8 A 8< 8 P3C7)A :33)+S, ) C8)5AC3 J)+G 68G D83S AD 6A3 D83S, in the amount of <83 8 43SS +G33 :)44)8 +J8 68G D83S AD 6A3 D83S, in the amount of <83 8 43SS +G33 :)44)8 +J8 GD3D +G)+ +G33 <)44)8 83 G7D3D 87 +G87SAD AD 83 GD3D +G)+ +G33 <)44)8 83 G7D3D 87 +G87SAD AD 83 G7D3D S353+ +G33 P3S8S AD S353+33 C3+A58S LP@,2@@,"'>,"%@."%M G7D3D S353+ +G33 P3S8S AD S353+33 C3+A58S LP@,2@@,"'>,"%@."%M AD D3P8S)+)9 +G3 SA<3 7D3 G)S ACC87+ A<3 B68S3 534AD3B AD D3P8S)+)9 +G3 SA<3 7D3 G)S ACC87+ A<3 B68S3 534AD3B
A+ +G3 3O7)+A:43-PC) :AK. A+ +G3 3O7)+A:43-PC) :AK. C8
C8+A+A +8 +8 4AJ4AJ..
After the prosecution finished presentin its evidence, Pres. 3strada filed, with leave of court, a After the prosecution finished presentin its evidence, Pres. 3strada filed, with leave of court, a
demurrer to evidence. +he demurrer, however
demurrer to evidence. +he demurrer, however, , was denied by was denied by the court. Accused Serapio optedthe court. Accused Serapio opted not to present his own evidence, and instead adopted the evidence presented by Pres. 3strada not to present his own evidence, and instead adopted the evidence presented by Pres. 3strada and 6inoy 3strada.
and 6inoy 3strada.
)ncidentally, in 2''%, the Sandianbayan approved the Plea :arainin Areement between the )ncidentally, in 2''%, the Sandianbayan approved the Plea :arainin Areement between the prosecution and accused Aton An, the latter pleadin uilty to a lesser offense of Corruption prosecution and accused Aton An, the latter pleadin uilty to a lesser offense of Corruption of Public 8fficials under Article 2"2 in relation to Article 2"" of the evised Penal Code. of Public 8fficials under Article 2"2 in relation to Article 2"" of the evised Penal Code. Accused Aton An was sentenced to two years and four months of prision correccional Accused Aton An was sentenced to two years and four months of prision correccional minimum, as minimum, to si*
minimum, as minimum, to si* years of prision correccioyears of prision correccional ma*imum, as ma*imum, and to nal ma*imum, as ma*imum, and to paypay the amount of P2&,''','''.'' to the 9overnment as his civil liability. Accused Aton An is the amount of P2&,''','''.'' to the 9overnment as his civil liability. Accused Aton An is now out of ail under probation.
now out of ail under probation. 74)9 8 +G3 C87+
74)9 8 +G3 C87+
+he elements of the crime of plunder, pursuant to A %'' and as laid down by the Supreme Court +he elements of the crime of plunder, pursuant to A %'' and as laid down by the Supreme Court
in
in the the eaearlirlier er cacase se of of 6o6oseseph ph 3e3ercircito to 3st3stradrada a vs. vs. SanSandidiananbaybayan an #9.#9.. . o. o. ">">&&=', =', "?"? ovember 2''"$, are as follows0
#"$ +ha
#"$ +hat the t the offendoffender is a er is a public public officeofficer who ar who acts by cts by himself ohimself or in cr in connivanconnivance with e with members omembers off his family, relatives by affinity or consanuinity, business associates, subordinates or other his family, relatives by affinity or consanuinity, business associates, subordinates or other persons;
persons; #2$ +
#2$ +hat he hat he amassed, aamassed, accumulateccumulated or ad or ac!uired ic!uired ill-otten ll-otten wealth thwealth throuh a rouh a combinatiocombination or sen or seriesries of the followin overt or criminal acts described in Section " #d$ of .A.
of the followin overt or criminal acts described in Section " #d$ of .A. o. %'' as amended;o. %'' as amended; and
and #@$
#@$ +hat the +hat the areatareate amoune amount or t or total vtotal value oalue of the f the ill-otten ill-otten wealth wealth amassed, amassed, accumulaaccumulated orted or ac!uired is at least P&',''','''.''.
ac!uired is at least P&',''','''.''. +he te
+he terms Brms BCombCombinatinationBionB and B and BSeSeriesriesB B were liwere li(ewi(ewise defse defined iined in the abon the above-cve-cited caited case.se. BCombinat
BCombinationB ionB refers to at l refers to at least two acts faeast two acts fallin under dillin under differenfferent cateoriet cateories of enumeras of enumerationtion provided in Sec. ", par. #d$, e.., raids on the public treasury in Sec.", par. #d$, subpar. #"$, and provided in Sec. ", par. #d$, e.., raids on the public treasury in Sec.", par. #d$, subpar. #"$, and fraudulent conveyance of assets belonins to the ational 9overnment under Sec.", par. #d$, fraudulent conveyance of assets belonins to the ational 9overnment under Sec.", par. #d$, subpar
subpar. #@$. 8n the oth. #@$. 8n the other hand, to cer hand, to constitute a Bonstitute a BseriesBseriesB , there must b, there must be two or more oe two or more overt orvert or criminal acts fallin under the same cateory of enumeration found in Sec. ", par. #d$, say, criminal acts fallin under the same cateory of enumeration found in Sec. ", par. #d$, say, misappropriation, malversation and raids on the public treasury, all of which fall under Sec. ", misappropriation, malversation and raids on the public treasury, all of which fall under Sec. ", par. #d$, subpar. #"$.
par. #d$, subpar. #"$. Section " #d$ reads0 Section " #d$ reads0
)ll-otten
)ll-otten wealth mwealth means aeans any assny asset, propet, propertyerty, busine, business entss enterprise erprise or mateor material posrial possession session of anof anyy person within the purview of Section +wo #2$ hereof, ac!uired by him directly or in directly person within the purview of Section +wo #2$ hereof, ac!uired by him directly or in directly thr
thrououh h dumdummiemies, s, nonominmineeees, s, aeaentnts, s, subsubordordinainatetes s anandIodIor r bubusinsinesess s assassocociaiates tes by by anyany combination or series of the followin means or similar schemes0
combination or series of the followin means or similar schemes0 "$ +h
"$ +hrouh mrouh misapproprisappropriation, ciation, conversationversation, misuseon, misuse, or ma, or malversatiolversation of pun of public funblic funds or ds or raids onraids on the public treasury;
the public treasury; 2$ :y re
2$ :y receivin, dceivin, directly irectly or indireor indirectlyctly, any c, any commission, ommission, ift, shareift, share, percent, percentae, (ic(ae, (ic(bac(s or bac(s or anyany oth
other er foform rm of of pecpecununiariary y benbenefiefit t frofrom m anany y pepersrson on anandI dI or or enentittity y in in coconnennectiction on witwith h ananyy overnment contract or proect or by reason of the office or position of the public officer overnment contract or proect or by reason of the office or position of the public officer concerned;
concerned; @$ :y
@$ :y the ilthe illeal leal or for fraudulenraudulent cont conveyance veyance or dor dispositioisposition of n of asset asset belonin belonin to thto the ate ationalional 9overnment or any of its subdivision, aencies or instrumentalities or overnment-owned or 9overnment or any of its subdivision, aencies or instrumentalities or overnment-owned or Bcontrolled corporations and their subsidiaries;
Bcontrolled corporations and their subsidiaries; >$ :y ob
>$ :y obtainin, retainin, receivin ceivin or accor acceptin direptin directly or ectly or indirectlindirectly any shy any shares of ares of stoc(, e!stoc(, e!uity or uity or anyany other form of interest or
other form of interest or participaparticipation includin promises of future employment in any businesstion includin promises of future employment in any business enterprise or underta(in;
enterprise or underta(in; &$
&$ :y :y establishestablishin in aricultuaricultural, ral, industriindustrial al or or commerciacommercial l monopolimonopolies es or or other other combinatcombinationsions andIor implementation of decrees and orders intended to benefit particular persons or special andIor implementation of decrees and orders intended to benefit particular persons or special interests; or
interests; or =$
=$ :y :y ta(in undue ta(in undue advantae of advantae of official official position, authorityposition, authority, relationship, , relationship, connection or connection or influenceinfluence to unustly enrich himself or themselves at the e*pense and to the damae and preudice of the to unustly enrich himself or themselves at the e*pense and to the damae and preudice of the ilipino people and the epublic of the Philippines.
ilipino people and the epublic of the Philippines.
+he prosecution has proven beyond reasonable doubt the elements of plunder as aainst former +he prosecution has proven beyond reasonable doubt the elements of plunder as aainst former
President 3strada, thus0 President 3strada, thus0
#a$ +
#a$ +he prihe principncipal accal accused 6used 6oseposeph 3erh 3ercito 3scito 3stradtrada, at the ta, at the time of thime of the commie commissiossion of the acn of the actsts chared in the Amended )nformation was the President of the epublic of the Philippines;
chared in the Amended )nformation was the President of the epublic of the Philippines; #b$
#b$ Ge aGe acted cted in cin connonnivanivance wice with tth then hen 9ove9overnornor 4uir 4uis Bs BChaChavitBvitB SinSinson, son, who wwho was as rantranteded immunity from suit by the 8ffice of the 8mbudsman, and with the participation of other immunity from suit by the 8ffice of the 8mbudsman, and with the participation of other persons named by prosecution witnesses in the course of the trial of this case, in amassin, persons named by prosecution witnesses in the course of the trial of this case, in amassin, accumulatin and ac!uirin ill-otten wealth as follows0
accumulatin and ac!uirin ill-otten wealth as follows0 #i$
#i$ by by a a series series of of acts acts of of receivinreceivin b bi-monthly i-monthly collectiocollections fns from rom BueteBuetenBnB , a , a form form of of illealilleal amblin, durin the period beinnin ovember "?? to Auust 2''' in the areate amount amblin, durin the period beinnin ovember "?? to Auust 2''' in the areate amount of P&>&,2?",'''.''. 8ut of this amount, P2'',''','''.'' was deposited in the 3rap <uslim of P&>&,2?",'''.''. 8ut of this amount, P2'',''','''.'' was deposited in the 3rap <uslim
outh oundatioouth oundation; andn; and #ii$ by
#ii$ by a series a series consistinconsistin of two of two acts of acts of orderinorderin the 9S the 9S)S and )S and the SSS the SSS to purcto purchase shahase shares ofres of stoc( of :elle Corporation and collectin or receivin commission from the sales of :elle stoc( of :elle Corporation and collectin or receivin commission from the sales of :elle Shares in the amount of P"?,%'','''.'' which was deposited in the 6ose 5elarde account. Shares in the amount of P"?,%'','''.'' which was deposited in the 6ose 5elarde account. +h
+hesese e twtwo o acacts ts Q Q #i#i$ $ anand d #i#ii$ i$ Q Q cocorrrresespopond nd to to susub-b-paparararrapaphs hs #a#a$ $ anand d #c#c$ $ of of ththe e AmAmenendededd )nfo
)nformatrmationion. . GoweGoweverver, , thethere re is is uncuncertaertainty as inty as to to the the partparticipicipatioation n of of 6in6inoy 3strada andoy 3strada and Serapio in the alleations under sub-pararaph #a$ of the Amended )nformation #both are not Serapio in the alleations under sub-pararaph #a$ of the Amended )nformation #both are not included in sub-pararaph LcM of the Amended )nformation$.
included in sub-pararaph LcM of the Amended )nformation$.
Jith respect to 6inoy 3strada, there was no evidence that the money he turned over to 9ov. Jith respect to 6inoy 3strada, there was no evidence that the money he turned over to 9ov. Sinson or the latterBHs representatives was part of the ueten protection money collected Sinson or the latterBHs representatives was part of the ueten protection money collected from :ulacan or that he received funds from a certain 5iceo. +he prosecution did not also rebut from :ulacan or that he received funds from a certain 5iceo. +he prosecution did not also rebut the ban( certification presented by the defense that 6inoy 3strada did not have an account the ban( certification presented by the defense that 6inoy 3strada did not have an account with the 7nited 8verseas :an(, disprovin the testimony of 3mma 4im that the deposit slip in with the 7nited 8verseas :an(, disprovin the testimony of 3mma 4im that the deposit slip in the amount said to be part of ueten money was turned over to her by 6inoy 3strada from his the amount said to be part of ueten money was turned over to her by 6inoy 3strada from his account at the 7nited 8verseas :an(. +he aps in the prosecutionBHs evidence as to 6inoy account at the 7nited 8verseas :an(. +he aps in the prosecutionBHs evidence as to 6inoy 3strada create uncertainty in the mind of the Court as to the participation of 6inoy 3strada in 3strada create uncertainty in the mind of the Court as to the participation of 6inoy 3strada in the collection and receipt of ueten money.
the collection and receipt of ueten money. Jit
Jith respect h respect to Serapio, neither 9ov. Chavit SinsonBHs testimony nor to Serapio, neither 9ov. Chavit SinsonBHs testimony nor the leder entries the leder entries provedproved that Serapio was involved in any way in the collection or disbursement of ueten protection that Serapio was involved in any way in the collection or disbursement of ueten protection money
money. )t . )t is difficult to presume any criminal intent is difficult to presume any criminal intent on the part on the part of Serapio to conceal or of Serapio to conceal or launderlaunder ueten protection money in
ueten protection money in order to order to contributcontribute e to the to the amassin and accumulation of amassin and accumulation of ill-otteill-ottenn wealth by Pres. 3strada in connection with the transfer of the P2'',''','''.'' to the 3rap wealth by Pres. 3strada in connection with the transfer of the P2'',''','''.'' to the 3rap <uslim outh oundation.
<uslim outh oundation.
8n the other hand, the prosecution failed to establish beyond reasonable doubt the alleations under 8n the other hand, the prosecution failed to establish beyond reasonable doubt the alleations under
sub-pararaph #b$ and #d$ of the amended )nformation0 sub-pararaph #b$ and #d$ of the amended )nformation0
".
". Acts uActs under snder sub-pub-paraararapraph #b$ oh #b$ of the f the AmenAmended )ded )nfornformatimation. Q Jon. Q Jith reith respecspect to the t to the act oact off divestin, receivin or misappropriatin a portion of the tobacco e*cise ta* share allocated for divestin, receivin or misappropriatin a portion of the tobacco e*cise ta* share allocated for the Province of )locos Sur, the paper trail in relation to the P"@',''','''.'' diverted tobacco the Province of )locos Sur, the paper trail in relation to the P"@',''','''.'' diverted tobacco e*cise ta*es bean with 9ov. Sinson and ended with Aton An. +his Court does not find the e*cise ta*es bean with 9ov. Sinson and ended with Aton An. +his Court does not find the evidence sufficient to establish beyond reasonable doubt that Pres. 3strada or any member of evidence sufficient to establish beyond reasonable doubt that Pres. 3strada or any member of his family had instiated andIor benefited from the diversion of said funds. +he prosecution his family had instiated andIor benefited from the diversion of said funds. +he prosecution fai
misappropriation of the e*cise ta* share of )locos Sur and in what amounts.
2. Acts under sub-pararaph #d$ of the Amended )nformation. Q Jhile the prosecution presented overwhelmin evidence that there were numerous deposits of astoundinly lare sums of money into the 6ose 5elarde account, it failed to prove the predicate actIs as defined under Section "#d$ of .A. o. %'' throuh which the said deposits could have been ac!uired or amassed, e*cept for the amount of P"?,%'','''.'', representin illeal commissions from the sales of :elle shares and the money collected from illeal amblin. )t is not per se the accumulation of wealth which is proscribed by the Anti-Plunder 4aw. +he ac!uisition of wealth of not less than P&',''','''.'' must be lin(ed to the commission of overt or criminal acts fallin within the ambit of the said law. All that the prosecution has succeeded in showin is that the 6ose 5elarde account is the repository or receptacle of vast wealth belonin to Pres. 3strada.
Gowever, the two different series of predicate acts outlined above #particularly, first, the reular and methodical ac!uisition of ill-otten wealth throuh collections from illeal amblin, and, second, the receipt of unlawful commissions from the sales of :elle shares twice$, whether ta(en separately or independently of the other or in combination with each other, un!uestionably constitute the crime of plunder as defined by Section 2, in relation to Section "#d$ of A %'' as amended.
A pattern was established by the carefully planned system of ueten money collection on a reular bi-monthly basis from the dfferent provinces nationwide to enrich Pres. 3strada with the connivance andIor participation of 9ov. Sinson, olanda icaforte, 3mma 4im, Carmencita )tchon, SP82 Artates, 6amis Sinson and other ueten collectors referred to in the Amended )nformation as B6ohn DoesB and B6ane Does.B As proven, the collections in
Bseveral instancesB from illeal amblin money went way beyond the minimum of
P&',''','''.'' set by the Anti-Plunder 4aw. +hese repeated collections of ueten money from ovember "?? to Auust 2''' would fall within the purview of a BseriesB of illeal acts
constitutin plunder. +he said series of acts, on its own, would have been sufficient to convict the principal accused, Pres. 3strada. Gowever, this Court also finds that Pres. 3strada is criminally liable for plunder for receivin commissions from the purchase of :elle Shares by the 9S)S and by the SSS in rave abuse of his power on two separate occasions as chared in sub-pararaph #b$ of the Amended )nformation. Clearly, the receipt of these commissions on two occasions li(ewise meets the definition of a series of two similar unlawful acts employin the same scheme to accumulate ill-otten wealth.
)t is unnecessary to indule in an e*position of whether the two series of acts fallin under sub-pararaphs #a$ and #c$ of the Amended )nformation, proven in the course of the trial could have amounted to two #2$ counts of plunder. )t would be a purely academic e*ercise, as the accused cannot be convicted of two offenses or two counts of plunder on the basis of a sinle )nformation, clearly charin him of only one count of plunder, because that would violate his constitutional rihts to due process, iven the severity of the crime chared in this case.
+he predicate acts alleed in sub-pararaphs #a$ and #c$ of the Amended )nformation, which formed two separate series of acts of a different nature, were lin(ed by the fact that they were plainly eared towards a common oal which was the accumulation of ill-otten wealth for Pres. 3strada and that they shared a pattern or a common method of commission which was the abuse or misuse of the hih authority or power of the Presidency.
)n sum, the Court finds that prosecution has proven beyond reasonable doubt the commission by the principal accused former President 6oseph 3ercito 3strada of the crime of plunder but not so in the case of former <ayor 6ose 6inoy 3strada and Atty. 3dward Serapio.
+G3 D)SP8S)+)53 P8+)8
ormer President 6oseph 3ercito 3strada is 97)4+ beyond reasonable doubt of the crime of P47D3, defined in and penali/ed by epublic Act o. %'', as amended. 8n the other hand, for failure of the prosecution to prove and establish their uilt beyond reasonable doubt, the Court finds the accused 6ose B6inoyB 3strada and Atty. 3dward S. Serapio 8+
97)4+ of the crime of plunder, and accordinly, the Court hereby orders their ACO7)++A4. +he penalty imposable for the crime of plunder under epublic Act o. %'', as amended by
epublic Act o. %=&?, is eclusion Perpetua to Death. +here bein no aravatin or mitiatin circumstances, however, the lesser penalty shall be applied in accordance with Article =@ of the evised Penal Code. Accordinly, accused ormer President 6oseph 3ercito 3strada is hereby sentenced to suffer the penalty of eclusion Perpetua and the accessory penalties of civil interdiction durin the period of sentence and perpetual absolute dis!ualification.
<oreover, in accordance with Section 2 of epublic Act o. %'', as amended by epublic Act o. %=&?, the Court hereby declares the forfeiture in favor of the overnment of the followin0 #"$ +he total amount of P&>&,2?",'''.'', with interest and income earned, inclusive of the amount of P2'',''','''.'', deposited in the name and account of the 3rap <uslim outh oundation; #2$ +he amount of P"?,''','''.'', inclusive of interests and income earned, deposited in the 6ose 5elarde account; and #@$ +he real property consistin of a house and lot dubbed as B:oracay <ansionB located at R"'' ""th Street, ew <anila, Oue/on City.
8n > April 2''", an )nformation for plunder was filed aainst former President 6oseph 3ercito 3strada #BPres. 3stradaB $, toether with 6ose B6inoyB 3strada, Charlie BEAtonB An, 3dward Serapio, olanda +. icaforte, Alma Alfaro, 3leuterio +an, a.(.a.
3leuterio amos +an or <r. 7y, 6ane Doe a.(.a. Delia aas, and 6ohn F 6ane Does, for the crime of Plunder defined and penali/ed under .A. o. %'', as amended by Sec. "2 of .A. o. %=&?. +he )nformation was subse!uently amended, as follows0
A<3D3D )8<A+)8
+he undersined 8mbudsman Prosecutor and 8)C-Director, 3P):, 8ffice of the 8mbudsman, hereby accuses former P3S)D3+ 8 +G3 PG)4)PP)3S, 6oseph 3ercito 3strada a.(.a. BAS)89 SA489AB AD a.(.a. B68S3 534AD3B , toether with 6ose
BE6inoyBH 3strada, Charlie BAtonB An, 3dward Serapio, olanda +. icaforte,
Alma Alfaro, 68G D83 a.(.a. 3leuterio +an 8 3leuterio amos +an or <r. 7y, 6ane Doe a.(.a. Delia aas, and 6ohn D83S F 6ane Does, of the crime of Plunder, defined and penali/ed under .A. o. %'', as amended by Sec. "2 of .A. o. %=&?, committed as follows0
+hat durin the period from 6une, "?? to 6anuary, 2''", in the Philippines, and within the urisdiction of this Gonorable Court, accused 6oseph 3ercito 3strada, +G3 A P7:4)C 8)C3, :3)9 +G3 +G3 P3S)D3+ 8 +G3 3P7:4)C 8 +G3 PG)4)PP)3S, by himself ADI8 in C8)5AC3IC8SP)AC with his co-accused, JG8 A3 <3<:3S 8 G)S A<)4, 34A+)53S : A))+ 8 C8SA97))+, :7S)3SS ASS8C)A+3S, S7:8D)A+3S ADI8 8+G3 P3S8S, : +AK)9
7D73 AD5A+A93 8 G)S 8)C)A4 P8S)+)8, A7+G8)+, 34A+)8SG)P, C83C+)8, 8 )473C3, did then and there willfully, unlawfully and criminally amass, accumulate and ac!uire : G)<S34, D)3C+4 8 )D)3C+4, ill-otten wealth in the areate amount 8 +8+A4 5A473 of 87 :)44)8 )3+ S353 <)44)8 3)9G+ G7D3D 87 +G87SAD 83 G7D3D S353+ +G33 P3S8S AD S353+33 C3+A58S LP>,'?%,'>,"%@."%M, more or less, +G33: 767S+4 3)CG)9 G)<S34 8 +G3<S3453S A+ +G3 3NP3S3 AD +8 +G3 DA<A93 8 +G3 )4)P)8 P38P43 AD +G3 3P7:4)C 8 +G3 PG)4)PP)3S, throuh A 8 A combination 8 A series of overt 8 criminal acts, 8 S)<)4A SCG3<3S 8 <3AS, described as follows0
#a$ by receivin 8 collectin, directly or indirectly, on S353A4 )S+AC3S, <83 ) +G3 A9939A+3 A<87+ 8 )53 G7D3D 8+-)53 <)44)8 P3S8S #P&>&,''','''.''$, <83 8 43SS, 8< )4439A4 9A<:4)9 ) +G3 8< 8 9)+, SGA3, P3C3+A93, K)CK:ACK 8 A 8< 8 P3C7)A :33)+, : G)<S34 ADI8 in connivance with co-accused CGA4)3 BEA+89BH A9, 68S3 BE6inoyBH 3strada, olanda +. icaforte, 3dward Serapio, AD 68G D83S AD 6A3 D83S, in consideration 8 +843A+)8 8 P8+3C+)8 8 )4439A4 9A<:4)9;
#b$ by D)53+)9, 3C3)5)9, misappropriatin, convertin 8 misusin D)3C+4 8 )D)3C+4, for G)S 8 +G3) P3S8A4 ain and benefit, public funds in the amount of 83 G7D3D +G)+ <)44)8 P3S8S LP"@',''','''.''M, more or less, representin a portion of the +J8 G7D3D <)44)8 P3S8S LP2'',''','''.''M tobacco e*cise ta* share allocated for the Province of )locos Sur under .A. o. %"%", : G)<S34 ADI8 in C8)5AC3 with co-accused Charlie BEAtonBH An, Alma Alfaro, 68G D83 a.(.a. 3leuterio +an 8 3leuterio amos +an or <r. 7y, and 6ane Doe a.(.a. Delia aas, AD 8+G3 68G D83S AD 6A3 D83S;
#c$ by directin, orderin and compellin, 8 G)S P3S8A4 9A) AD :33)+, the 9overnment Service )nsurance System #9S)S$ +8 P7CGAS3, @&",%,''' SGA3S 8 S+8CKS, <83 8 43SS, and the Social Security System #SSS$, @2?,&&,''' SGA3S 8 S+8CK, <83 8 43SS, 8 +G3 :3443 C8P8A+)8 ) +G3 A<87+ 8 <83 8 43SS 83 :)44)8 83 G7D3D +J8 <)44)8 )3 G7D3D S)N+ )53 +G87SAD S)N G7D3D S353 P3S8S AD )+ C3+A58S LP","'2,?=&,='%.&'M AD <83 8 43SS S353 G7D3D 8+ 87 <)44)8 S)N G7D3D +J3453 +G87SAD AD 87 G7D3D )+ P3S8S LP%>>,="2,>&'.''M, 3SP3C+)534, 8 A +8+A4 8 <83 8 43SS 83 :)44)8 3)9G+ G7D3D 8+ S353 <)44)8 )53 G7D3D S353+ 3)9G+ +G87SAD )+ S353 P3S8S AD )+ C3+A58S LP",>%,&%,'&%.&'M; AD : C8443C+)9 8 3C3)5)9, D)3C+4 8 )D)3C+4, : G)<S34 ADI8 ) C8)5AC3 J)+G 68G D83S AD 6A3 D83S, C8<<)SS)8S 8 P3C3+A93S : 3AS8 8 SA)D P7CGAS3S 8 SGA3S 8 S+8CK ) +G3 A<87+ 8 83 G7D3D 3)9G+ )3 <)44)8 S353 G7D3D +G87SAD P3S8S LP"?,%'','''.''M, <83 8 43SS, 8< +G3 :3443 C8P8A+)8 JG)CG :3CA<3 PA+ 8 +G3 D3P8S)+ ) +G3 3O7)+A:43-PC) :AK 7D3 +G3 ACC87+ A<3 B68S3 534AD3B ;
K)CK:ACKS, 8 A 8< 8 P3C7)A :33)+S, ) C8)5AC3 J)+G 68G D83S AD 6A3 D83S, in the amount of <83 8 43SS +G33 :)44)8 +J8 GD3D +G)+ +G33 <)44)8 83 G7D3D 87 +G87SAD AD 83 G7D3D S353+ +G33 P3S8S AD S353+33 C3+A58S LP@,2@@,"'>,"%@."%M AD D3P8S)+)9 +G3 SA<3 7D3 G)S ACC87+ A<3 B68S3 534AD3B
A+ +G3 3O7)+A:43-PC) :AK. C8+A +8 4AJ.
After the prosecution finished presentin its evidence, Pres. 3strada filed, with leave of court, a demurrer to evidence. +he demurrer, however, was denied by the court. Accused Serapio opted not to present his own evidence, and instead adopted the evidence presented by Pres. 3strada and 6inoy 3strada.
)ncidentally, in 2''%, the Sandianbayan approved the Plea :arainin Areement between the prosecution and accused Aton An, the latter pleadin uilty to a lesser offense of Corruption of Public 8fficials under Article 2"2 in relation to Article 2"" of the evised Penal Code. Accused Aton An was sentenced to two years and four months of prision correccional minimum, as minimum, to si* years of prision correccional ma*imum, as ma*imum, and to pay the amount of P2&,''','''.'' to the 9overnment as his civil liability. Accused Aton An is now out of ail under probation.
R!LING F THE C!RT
+he elements of the crime of plunder, pursuant to A %'' and as laid down by the Supreme Court in the earlier case of 6oseph 3ercito 3strada vs. Sandianbayan #9.. o. ">&=', "? ovember 2''"$, are as follows0
#"$ +hat the offender is a public officer who acts by himself or in connivance with members of his family, relatives by affinity or consanuinity, business associates, subordinates or other persons;
#2$ +hat he amassed, accumulated or ac!uired ill-otten wealth throuh a combination or series of the followin overt or criminal acts described in Section " #d$ of .A. o. %'' as amended; and
#@$ +hat the areate amount or total value of the ill-otten wealth amassed, accumulated or ac!uired is at least P&',''','''.''.
+he terms BCombinationB and BSeriesB were li(ewise defined in the above-cited case.
BCombinationB refers to at least two acts fallin under different cateories of enumeration
provided in Sec. ", par. #d$, e.., raids on the public treasury in Sec.", par. #d$, subpar. #"$, and fraudulent conveyance of assets belonins to the ational 9overnment under Sec.", par. #d$, subpar. #@$. 8n the other hand, to constitute a BseriesB , there must be two or more overt or
criminal acts fallin under the same cateory of enumeration found in Sec. ", par. #d$, say, misappropriation, malversation and raids on the public treasury, all of which fall under Sec. ", par. #d$, subpar. #"$.
)ll-otten wealth means any asset, property, business enterprise or material possession of any person within the purview of Section +wo #2$ hereof, ac!uired by him directly or in directly throuh dummies, nominees, aents, subordinates andIor business associates by any combination or series of the followin means or similar schemes0
"$ +hrouh misappropriation, conversation, misuse, or malversation of public funds or raids on the public treasury;
2$ :y receivin, directly or indirectly, any commission, ift, share, percentae, (ic(bac(s or any other form of pecuniary benefit from any person andI or entity in connection with any overnment contract or proect or by reason of the office or position of the public officer concerned;
@$ :y the illeal or fraudulent conveyance or disposition of asset belonin to the ational 9overnment or any of its subdivision, aencies or instrumentalities or overnment-owned or Bcontrolled corporations and their subsidiaries;
>$ :y obtainin, receivin or acceptin directly or indirectly any shares of stoc(, e!uity or any other form of interest or participation includin promises of future employment in any business enterprise or underta(in;
&$ :y establishin aricultural, industrial or commercial monopolies or other combinations andIor implementation of decrees and orders intended to benefit particular persons or special interests; or
=$ :y ta(in undue advantae of official position, authority, relationship, connection or influence to unustly enrich himself or themselves at the e*pense and to the damae and preudice of the ilipino people and the epublic of the Philippines.
+he prosecution has proven beyond reasonable doubt the elements of plunder as aainst former President 3strada, thus0
#a$ +he principal accused 6oseph 3ercito 3strada, at the time of the commission of the acts chared in the Amended )nformation was the President of the epublic of the Philippines;
#b$ Ge acted in connivance with then 9overnor 4uis BChavitB Sinson, who was ranted
immunity from suit by the 8ffice of the 8mbudsman, and with the participation of other persons named by prosecution witnesses in the course of the trial of this case, in amassin, accumulatin and ac!uirin ill-otten wealth as follows0
#i$ by a series of acts of receivin bi-monthly collections from BuetenB , a form of illeal
amblin, durin the period beinnin ovember "?? to Auust 2''' in the areate amount of P&>&,2?",'''.''. 8ut of this amount, P2'',''','''.'' was deposited in the 3rap <uslim outh oundation; and
#ii$ by a series consistin of two acts of orderin the 9S)S and the SSS to purchase shares of stoc( of :elle Corporation and collectin or receivin commission from the sales of :elle Shares in the amount of P"?,%'','''.'' which was deposited in the 6ose 5elarde account. +hese two acts Q #i$ and #ii$ Q correspond to sub-pararaphs #a$ and #c$ of the Amended
)nformation. Gowever, there is uncertainty as to the participation of 6inoy 3strada and Serapio in the alleations under sub-pararaph #a$ of the Amended )nformation #both are not included in sub-pararaph LcM of the Amended )nformation$.
Jith respect to 6inoy 3strada, there was no evidence that the money he turned over to 9ov. Sinson or the latterBHs representatives was part of the ueten protection money collected from :ulacan or that he received funds from a certain 5iceo. +he prosecution did not also rebut the ban( certification presented by the defense that 6inoy 3strada did not have an account with the 7nited 8verseas :an(, disprovin the testimony of 3mma 4im that the deposit slip in the amount said to be part of ueten money was turned over to her by 6inoy 3strada from his account at the 7nited 8verseas :an(. +he aps in the prosecutionBHs evidence as to 6inoy 3strada create uncertainty in the mind of the Court as to the participation of 6inoy 3strada in the collection and receipt of ueten money.
Jith respect to Serapio, neither 9ov. Chavit SinsonBHs testimony nor the leder entries proved that Serapio was involved in any way in the collection or disbursement of ueten protection money. )t is difficult to presume any criminal intent on the part of Serapio to conceal or launder ueten protection money in order to contribute to the amassin and accumulation of ill-otten wealth by Pres. 3strada in connection with the transfer of the P2'',''','''.'' to the 3rap <uslim outh oundation.
8n the other hand, the prosecution failed to establish beyond reasonable doubt the alleations under sub-pararaph #b$ and #d$ of the amended )nformation0
". Acts under sub-pararaph #b$ of the Amended )nformation. Q Jith respect to the act of divestin, receivin or misappropriatin a portion of the tobacco e*cise ta* share allocated for the Province of )locos Sur, the paper trail in relation to the P"@',''','''.'' diverted tobacco e*cise ta*es bean with 9ov. Sinson and ended with Aton An. +his Court does not find the evidence sufficient to establish beyond reasonable doubt that Pres. 3strada or any member of his family had instiated andIor benefited from the diversion of said funds. +he prosecution failed to prove, beyond reasonable doubt, who amon the accused benefited from the misappropriation of the e*cise ta* share of )locos Sur and in what amounts.
2. Acts under sub-pararaph #d$ of the Amended )nformation. Q Jhile the prosecution presented overwhelmin evidence that there were numerous deposits of astoundinly lare sums of money into the 6ose 5elarde account, it failed to prove the predicate actIs as defined under Section "#d$ of .A. o. %'' throuh which the said deposits could have been ac!uired or amassed, e*cept for the amount of P"?,%'','''.'', representin illeal commissions from the sales of :elle shares and the money collected from illeal amblin. )t is not per se the accumulation of wealth which is proscribed by the Anti-Plunder 4aw. +he ac!uisition of wealth of not less than P&',''','''.'' must be lin(ed to the commission of overt or criminal acts fallin within the ambit of the said law. All that the prosecution has succeeded in showin is that the 6ose 5elarde account is the repository or receptacle of vast wealth belonin to Pres. 3strada.
Gowever, the two different series of predicate acts outlined above #particularly, first, the reular and methodical ac!uisition of ill-otten wealth throuh collections from illeal amblin, and, second, the receipt of unlawful commissions from the sales of :elle shares twice$, whether ta(en separately or independently of the other or in combination with each other, un!uestionably constitute the crime of plunder as defined by Section 2, in relation to Section "#d$ of A %'' as amended.
A pattern was established by the carefully planned system of ueten money collection on a reular bi-monthly basis from the dfferent provinces nationwide to enrich Pres. 3strada with the
connivance andIor participation of 9ov. Sinson, olanda icaforte, 3mma 4im, Carmencita )tchon, SP82 Artates, 6amis Sinson and other ueten collectors referred to in the Amended )nformation as B6ohn DoesB and B6ane Does.B As proven, the collections in
Bseveral instanTHE DI"P"ITIE PRTINcesB from illeal amblin money went
way beyond the minimum of P&',''','''.'' set by the Anti-Plunder 4aw. +hese repeated collections of ueten money from ovember "?? to Auust 2''' would fall within the purview of a BseriesB of illeal acts constitutin plunder. +he said series of acts, on its
own, would have been sufficient to convict the principal accused, Pres. 3strada. Gowever, this Court also finds that Pres. 3strada is criminally liable for plunder for receivin commissions from the purchase of :elle Shares by the 9S)S and by the SSS in rave abuse of his power on two separate occasions as chared in sub-pararaph #b$ of the Amended )nformation. Clearly, the receipt of these commissions on two occasions li(ewise meets the definition of a series of two similar unlawful acts employin the same scheme to accumulate ill-otten wealth.
)t is unnecessary to indule in an e*position of whether the two series of acts fallin under sub-pararaphs #a$ and #c$ of the Amended )nformation, proven in the course of the trial could have amounted to two #2$ counts of plunder. )t would be a purely academic e*ercise, as the accused cannot be convicted of two offenses or two counts of plunder on the basis of a sinle )nformation, clearly charin him of only one count of plunder, because that would violate his constitutional rihts to due process, iven the severity of the crime chared in this case.
+he predicate acts alleed in sub-pararaphs #a$ and #c$ of the Amended )nformation, which formed two separate series of acts of a different nature, were lin(ed by the fact that they were plainly eared towards a common oal which was the accumulation of ill-otten wealth for Pres. 3strada and that they shared a pattern or a common method of commission which was the abuse or misuse of the hih authority or power of the Presidency.
)n sum, the Court finds that prosecution has proven beyond reasonable doubt the commission by the principal accused former President 6oseph 3ercito 3strada of the crime of plunder but not so in the case of former <ayor 6ose 6inoy 3strada and Atty. 3dward Serapio.
THE DI"P"ITIE PRTIN
ormer President 6oseph 3ercito 3strada is 97)4+ beyond reasonable doubt of the crime of P47D3, defined in and penali/ed by epublic Act o. %'', as amended. 8n the other hand, for failure of the prosecution to prove and establish their uilt beyond reasonable doubt, the Court finds the accused 6ose B6inoyB 3strada and Atty. 3dward S. Serapio 8+
97)4+ of the crime of plunder, and accordinly, the Court hereby orders their ACO7)++A4. +he penalty imposable for the crime of plunder under epublic Act o. %'', as amended by
epublic Act o. %=&?, is eclusion Perpetua to Death. +here bein no aravatin or mitiatin circumstances, however, the lesser penalty shall be applied in accordance with Article =@ of the evised Penal Code. Accordinly, accused ormer President 6oseph 3ercito 3strada is hereby sentenced to suffer the penalty of eclusion Perpetua and the accessory penalties of civil interdiction durin the period of sentence and perpetual absolute dis!ualification.
<oreover, in accordance with Section 2 of epublic Act o. %'', as amended by epublic Act o. %=&?, the Court hereby declares the forfeiture in favor of the overnment of the followin0
#"$ +he total amount of P&>&,2?",'''.'', with interest and income earned, inclusive of the amount of P2'',''','''.'', deposited in the name and account of the 3rap <uslim outh oundation; #2$ +he amount of P"?,''','''.'', inclusive of interests and income earned, deposited in the 6ose 5elarde account; and #@$ +he real property consistin of a house and lot dubbed as B:oracay <ansionB located at R"'' ""th Street, ew <anila, Oue/on City.
E"TRADA " "ANDIGAN2AAN/ G.R. N. )38,+0/ ) NEM2ER #00) eferential Syllabus0
Constitutional 4aw; Anti-Plunder 4aw #.A. %''$; Statutes; Statutory Construction; +he whole amut of leal concepts pertainin to the validity of leislation is predicated on the basic principle that a leislative measure is presumed to be in harmony with the Constitution. Preliminarily, the whole amut of leal concepts pertainin to the validity of leislation is predicated on the basic principle that a leislative measure is presumed to be in harmony with the Constitution. Courts invariably train their sihts on this fundamental rule whenever a leislative act is under a constitutional attac(, for it is the postulate of constitutional adudication. +his stron predilection for constitutionality ta(es its bearins on the idea that it is forbidden for one branch of the overnment to encroach upon the duties and powers of another. +hus it has been said that the presumption is based on the deference the udicial branch accords to its coordinate branchthe leislature. )f there is any reasonable basis upon which the leislation may firmly rest, the courts must assume that the leislature is ever conscious of the borders and edes of its plenary powers, and has passed the law with full (nowlede of the facts and for the purpose of promotin what is riht and advancin the welfare of the maority. Gence, in determinin whether the acts of the leislature are in tune with the fundamental law, courts should proceed with udicial restraint and act with caution and forbearance. 3very intendment of the law must be aduded by the courts in favor of its constitutionality, invalidity bein a measure of last resort. )n construin therefore the provisions of a statute, courts must first ascertain whether an interpretation is fairly possible to sidestep the !uestion of constitutionality.
Same; Same; Same; Same; Criminal 4aw; As it is written, the Plunder 4aw contains ascertainable standards and well-defined parameters which would enable the accused to determine the nature of his violation; As lon as the law affords some comprehensible uide or rule that would inform those who are subect to it what conduct would render them liable to its penalties, its validity will be sustained.As it is written, the Plunder 4aw contains ascertainable standards and well-defined parameters which would enable the accused to determine the nature of his violation. Section 2 is sufficiently e*plicit in its description of the acts, conduct and conditions re!uired or forbidden, and prescribes the elements of the crime with reasonable certainty and particularity. * * * As lon as the law affords some comprehensible uide or rule that would inform those who are subect to it what conduct would render them liable to its penalties, its validity will be sustained. )t must sufficiently uide the ude in its application; the counsel, in defendin one chared with its violation; and more importantly, the accused, in identifyin the realm of the proscribed conduct. )ndeed, it can be understood with little difficulty that what the assailed statute punishes is the act of a public officer in amassin or accumulatin ill-otten wealth of at least P&',''','''.'' throuh a series or combination of acts enumerated in Sec. ", par. #d$, of the Plunder 4aw.
void merely because eneral terms are used therein, or because of the employment of terms without definin them; much less do we have to define every word we use.Petitioner, however, bewails the failure of the law to provide for the statutory definition of the terms combinationT and seriesT in the (ey phrase a combination or series of overt or criminal actsT foundinSec.",par.#d$,andSec.2,and the word patternT in Sec. >. +hese omissions, accordin to petitioner, render the Plunder 4aw unconstitutional for bein impermissibly vaue and overbroad and deny him the riht to be informed of the nature and cause of the accusation aainst him, hence, violative of his fundamental riht to due process. +he rationali/ation seems to us to be pure sophistry. A statute is not rendered uncertain and void merely because eneral terms are used therein, or because of the employment of terms without definin them; much less do we have to define every word we use. :esides, there is no positive constitutional or statutory command re!uirin the leislature to define each and every word in an enactment. Conress is not restricted in the form of e*pression of its will, and its inability to so define the words employed in a statute will not necessarily result in the vaueness or ambiuity of the law so lon as the leislative will is clear, or at least, can be athered from the whole act, which is distinctly e*pressed in the Plunder 4aw.
Same; Same; Same; Same; )t is a well-settled principle of leal hermeneutics that words of a statute will be interpreted in their natural, plain and ordinary acceptation and sinification, unless it is evident that the leislature intended a technical or special leal meanin to those words.)t is a well-settled principle of leal hermeneutics that words of a statute will be interpreted in their natural, plain and ordinary acceptation and sinification, unless it is evident that the leislature intended a technical or special leal meanin to those words. +he intention of the lawma(ers who are, ordinarily, untrained philoloists and le*icoraphersto use statutory phraseoloy in such a manner is always presumed. +hus, JebsterUs ew Colleiate Dictionary contains the followin commonly accepted definition of the words combinationT and series0T Combination the result or product of combinin; the act or process of combinin. +o combine is to brin into such close relationship as to obscure individual characters. Seriesa number of thins or events of the same class comin one after another in spatial and temporal succession.
Same; Same; Same; Same; Jords and Phrases; Combination,T 3*plained.+hus when the Plunder 4aw spea(s of combination,T it is referrin to at least two #2$ acts fallin under different cateories of enumeration provided in Sec. ", par. #d$, e.., raids on the public treasury in Sec. ", par. #d$, subpar. #"$, and fraudulent conveyance of assets belonin to the ational 9overnment under Sec. ", par. #d$, subpar. #@$.
Same; Same; Same; Same; Same; Series,T 3*plained.8n the other hand, to constitute a seriesT there must be two #2$ or more overt or criminal acts fallin under the same cateory of enumeration found in Sec. ", par. #d$, say, misappropriation, malversation and raids on the public treasury, all of which fall under Sec. ", par. #d$, subpar. #"$. 5erily, had the leislature intended a technical or distinctive meanin for combinationT and series,T it would have ta(en reater pains in specifically providin for it in the law.
Same; Same; Same; Same; Same; Pattern,T 3*plained.As for pat-tern,T we aree with the
observations of the Sandianbayan that this term
issufficientlydefinedinSec.>,inrelationtoSec.",par.#d$,andSec.2.As for pattern,T we aree with the observations of the Sandianbayan that this term is sufficiently defined in Sec. >, in relation to Sec. ", par. #d$, and Sec. 2**** under Sec. " #d$ of the law, a VpatternU consists of at least a combination or series of overt or criminal acts enumerated in subsections #"$ to #=$ of
