City Engr. A, is the city engineer and the Chairman of the Bids and Awards Committee (BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance,allotted the amount of P100 million for the construction of a road leading to the poblacion. City Engr. A instead, diverted the construction of the road leading to his farm. Investigation further showed that he accepted money in the amount of P10 million each from three (3) contending bidders, who eventually lost in the bidding.
Audit report likewise showed that service vehicles valued at P2 million could not be accounted for although reports showed that these were lent to City Engr. A’s authorized drivers but the same were never returned. Further, there were funds under City Engr. A’s custody amounting to P10 million which were found to be missing and could not be accounted for. In another project, he was instrumentalin awarding a contract for the construction of a city school building costing P10 million to a close relative, although the lowest bid was P8 million. Investigation also revealed that City Engr. A has a net worth of more than P50 million, which was way beyond his legitimate income. (8%)
(A) If you are the Ombudsman, what charge or charges will you file against City Engr. A?
(B) Suppose the discovered net worth of City Engr. Ais less than P50 million, will your answer still be the same?
Suggested answer only. Not an official answer and not legal advice.
As Ombudsman, I will file a charge of Plunder against City Engineer A in (A), and my answer remains the same in (B).
Under Section 2 of RA 7080, Plunder is committed by a public officer who amasses ill-gotten wealth through a combination or series of overt criminal acts like malversation, receiving kickbacks, and misuse of public funds, in an aggregate amount of at least P50 million, absorbing predicate offenses.
Here, in (A), Engineer A accumulated over P50 million through multiple crimes including taking P30 million in bribes, malversing P10 million, and other corrupt acts. In (B), a net worth below P50 million is not determinative because liability depends on the total accumulated ill-gotten wealth reaching the threshold rather than his remaining net worth.
Consequently, City Engineer A is liable for Plunder under RA 7080 in both scenarios.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What is the statutory threshold of ill-gotten wealth required to constitute the crime of Plunder under RA 7080?
Section 2 of Republic Act No. 7080 sets Fifty Million Pesos as the minimum threshold for plunder.
How is the statutory threshold of Fifty Million Pesos calculated for prosecution under the Plunder Law?
Plunder requires aggregating the total ill-gotten wealth accumulated through a combination or series of predicate criminal acts.
What happens to predicate offenses like malversation and bribery when a public officer is convicted of Plunder?
The constituent predicate crimes forming the series or combination of acts are absorbed by the offense of plunder.
Why is City Engineer A liable for Plunder even if his discovered net worth is LESS than Fifty Million Pesos?
The law penalizes the total amount of ill-gotten wealth accumulated, regardless of whether part of it was spent or hidden.
Which law penalizes public officers who accumulate ill-gotten wealth through a series of corrupt acts in the Philippines?
Republic Act No. 7080 is the Philippine statute governing and penalizing the crime of plunder.
Learn more about these topics
1. Crime of Plunder
Under Section 2 of Republic Act No. 7080, plunder is committed by any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, 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 Million Pesos (P50,000,000.00). Plunder is a grave economic crime absorbing the constituent predicate offenses committed in furtherance of accumulating the ill-gotten wealth.
2. Ill-Gotten Wealth
Under Republic Act No. 7080, ill-gotten wealth includes any asset, property, business enterprise, or interest acquired by a public officer through misappropriation, conversion, misuse, or malversation of public funds, receiving commissions or kickbacks from government contracts, or taking undue advantage of official position. The crime of plunder requires establishing a pattern of overt criminal acts resulting in the accumulation of ill-gotten funds reaching the statutory threshold of Fifty Million Pesos.
3. Net Worth Relevance
Under Republic Act No. 7080, the threshold of Fifty Million Pesos applies to the total aggregate amount of ill-gotten wealth amassed or accumulated through predicate crimes, rather than the offender's remaining net worth at the time of investigation. Even if an officer's discovered net worth falls below Fifty Million Pesos due to dissipation, transfer, or concealment of assets, liability for plunder persists as long as the total ill-gotten wealth amassed meets the statutory requirement.