The crime of plunder

The impeachment of former chief justice Renato Corona removed the biggest obstacle in the Aquino administration’s efforts to rid this country of bigtime crooks who plundered the government’s coffers with impunity during the previous regime. The Supreme Court, with Corona at the helm and a supporting cast of seven GMA stooges, had decided favorably in almost all cases where GMA is directly or indirectly involved. The government has regained the momentum to turn the tide in its war against graft and corruption. It must sustain the campaign of pursuing relentlessly the investigation and filing of cases against those who are involved in graft and corrupt practices. The impeachment has indeed sent a chilling message to the plunderers in this country.

 What is plunder?

 According to Republic Act No. 7080 or An Act Defining and Penalizing the Crime of Plunder, any public official who amasses, accumulates or acquires ill-gotten wealth through the combination of overt or criminal acts in the aggregate amount  of P50 million is guilty of plunder. The crime of plunder is punishable by reclusion perpetua (life sentence) or death. But since death penalty is already abolished in this country, the maximum sentence possible is lifetime jail term.

 How is ill-gotten wealth determined?

 The mode of acquisition and the amount involved are determining factors in defining ill-gotten wealth. Ill-gotten wealth means any asset, property, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates or business associates by a combination or series of the following means or schemes: a) misappropriation, conversion or malversation of public funds, b) receiving any commission, gift, share, percentage, kickbacks or other benefits from any person who has government contract, c) illegal or fraudulent disposition of assets belonging to the government, d) obtaining, receiving, or accepting any shares of stocks, equity or any form of interest with the promise of employment in any business undertaking, e) establishing monopolies intended to benefit a particular person, and f) taking undue advantage of official position to enrich himself at the expense of the government and the people.

 The Constitution explicitly states, “Public service is a public trust. Therefore, public officials and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice and lead modest lives.” Betrayal of public trust is a crime punishable by impeachment from office in case of constitutional officials and civil or criminal liability for officials covered under the Civil Service Commission.

 The case of Corona is clearly a betrayal of public trust when he failed to declare his assets of $2.4 million and P80 million in bank deposits. Contrary to what he portrayed during his first appearance in the Senate, the former chief justice obviously didn’t lead a modest life when it was found out that he owned five out of the 45 alleged properties in luxurious condominiums and subdivisions. His combined assets will easily fall into the category of ill-gotten wealth considering that he had no other business interest and his income as public official is grossly disproportionate to his assets.

 What everyone seemed to overlook in the Corona impeachment is the fact that it was just a stepping stone of getting back at GMA who was accused of plunder and election sabotage. With Corona out of the Supreme Court, we can expect the wheels of justice to grind and let those who plundered this country pay for their crimes. But at the same time, let’s give the accused her day in court and accord her due process.

 Former President and Congresswoman Gloria Macapagal-Arroyo is facing charges of corruption and election sabotage.

 However, I have apprehensions regarding the filing of cases by persons of dubious entity who do not have hard evidence. To build an airtight case, documentary evidence should be submitted to the courts and not rely mainly on hearsay and secondhand testimonies from witnesses. There is such thing as double jeopardy in our statutes. Once acquitted, the accused can no longer be charged with the same offense in other courts.

Some politicians have suggested that since Corona is already impeached, he should be forgiven for his misdeeds so that we can move on and the Aquino administration would not appear to be vindictive. It’s a hypocritical proposition especially coming from the rank of opportunist ruling class who only protect their own interest and damn the rest. It is precisely for being so forgiving that we are always abused by corrupt officials because they knew they always get away with crime by virtue of pardon. If we are to be respected in the world community, we must assert our laws and exercise justice where justice is due.