The difference between corruption and plunder

This year will find the Ombudsman, the Sandiganbayan, the DOJ, the NBI, the police, and other law-enforcement agencies busy with hundreds of cases filed against corrupt contractors, politicians, government executives, and personnel who were involved in the flood-control fiasco, the PhilHealth hullabaloo, and other shenanigans.

- Atty. Josephus B. Jimenez

It is important we educate ourselves on basic terms and fundamental legal and judicial issues.Corruption is penalized under Republic Act 3019, which was enacted on August 17, 1960, when the president was Boholano, Carlos P. Garcia and his vice president was Diosdado Macapagal. The Plunder Law, RA 7080 was enacted in 1991 during the term of President Corazon Aquino with Salvador Laurel as vice president.

Plunder is committed by any public officer who, by himself, or in connivance with the members of his family, relatives, business associates, subordinates or other persons, amasses ill-gotten wealth, through criminal acts in the aggregate total amount of at least P50 million. Any act of stealing public funds below P50 million shall be considered corruption under RA 3019.

The penalty for plunder under RA 7080 is reclusion perpetua to death. And since death has been suspended temporarily and indefinitely, the maximum imprisonment of reclusion perpetua is 20 years and one day to 40 years under Article 27 of the Revised Penal Code. Reclusion Perpetua is the maximum penalty now, below death sentence, and is imposed for felonies punished under the Revised Penal Code. Life sentence is the maximum for crimes punished under special laws.