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Query: I am a regular reader of your authoritative
column in The Manila Times. Last Saturday you mentioned some acts of
public officials and/or employees which may constitute corruption.
My question now is: Are members of Congress also liable for
corruption? Your readers want to know your answer, since the newly
elected members of Congress (Senate and House of Representatives)
will soon assume office.
Burcio H.
Reply
Corruption is making our nation
teeter at the brink of collapse to the prejudice of innocent and
honest individuals. How will the elected congressmen and senators
recover the huge expenses they incurred during the last elections?
Yes, members of Congress are
liable for corruption. Section 6 of Republic Act 3019, as amended
(the Antigraft and Corrupt Practices Law) provides: “It shall be
unlawful … for any Member of Congress, during the term for which
he has been elected, to acquire or receive any personal pecuniary
interest in any specific business enterprise which will be directly
and particularly favored or benefited by any law or resolution
authored by him previously approved or adopted by the Congress
during the same term.”
This provision also applies to
any public officer who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, and acquires or
receives any such interest during his incumbency.
Said provision further provides
that it will be unlawful for such member of Congress, or other
public officer, who, having such interest prior to the approval of
such law or resolution authored or recommended by him, continues for
thirty days after such approval to retain such interest.
Now, let’s review the
significant provisions of Republic Act 7080, as amended, the law
which defines and penalizes the crime of plunder.
That law defines the crime of
plunder thus: “Any public officer who, by himself or in connivance
with members of his family, relatives by affinity or consanguinity,
business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or
series of overt or criminal acts … in the aggregate amount or
total value of at least fifty pesos (P50,000,000) shall be guilty of
the crime of 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 contributing to the crime of plunder
shall likewise be punished for such offense.… The court shall
declare any and all ill-gotten wealth and their interest and other
incomes and assets including the properties and shares of stocks
derived from the deposit or investment thereof forfeited in favor of
the State.” (Section 2, id.).
For purposes of establishing the
crime of plunder, it is not necessary to prove each and every
criminal act done by the accused in furtherance of the scheme or
conspiracy to amass, accumulate or acquire ill-gotten wealth, it
being sufficient to establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the overall unlawful scheme or
conspiracy. (Section 4, id.)
Under the law, public officer against whom any criminal
prosecution is pending in court, shall be suspended from office.
Should he be convicted by final judgment, he shall lose all
retirement or gratuity benefit under any law (Section 5, id.).
The crime of plunder prescribes in 20 years. However, the
right of the State to recover properties unlawfully acquired by
public officers from them or from their nominees or transferees will
not be barred by prescription, laches, or estoppel. (Section 6,
id.).
Above all things, let us be
inspired by the following words of our Lord and Master Jesus Christ:
“Come to me, all you who labor and are burdened, and I will give
you rest. Take my yoke upon you and learn from me, for I am meek and
humble of heart; and you will find rest for yourselves. For my yoke
is easy, and my burden light.” (Matthew 11:28-30).
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