2017 Criminal Law, Q3

Overjoyed by the award to his firm of a multi-billion government contract for the development of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of P100 Million to serve as gifts for certain persons instrumental in his firm’s winning the award. He gave 50% of that amount to Governor Datu, the official who had signed the contract with the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the Sangguniang Panlalawigan member who had lobbied for the award of the project in the Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project would be implemented. Governor Datu received his share through his wife, Provincial First Lady Dee, who then deposited the amount in her personal bank account.
Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor Dolor for the construction of the Blank Sports Arena worth ₱800 Million. The project was highly overpriced because it could be undertaken and completed for not more than ₱400 Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of ₱10 Million, while Bokal Diva got ₱25 Million.
In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary, Terry, who personally maintained a bank account for Bokal Diva’s share in government projects.
(a) May each of the above-named individuals be held liable for plunder? Explain your answer. (4%)
(b) Define wheel conspiracy and chain conspiracy. Is either or both kinds existent herein? Explain your answer. (4%)
(c) What provisions of R.A. No. 3019 (Anti-Graft & Corrupt Practices Act), if any, were violated by any of the above-named individuals, specifying the persons liable therefor? Explain your answer. (4%)
(d) What crimes under the Revised Penal Code, if any, were committed, specifying the persons liable therefor? Explain your answer. (4%)

Quick check

What threshold amount of ill-gotten wealth accumulated through a combination or series of acts is required for plunder under RA 7080?

Why is Governor Datu NOT liable for plunder despite receiving ₱50 Million from Mr. Gangnam?

What type of conspiracy exists when a contractor deals separately with various public officials who act as spokes around a central hub?

What provision of RA 3019 is violated by entering into an overpriced government contract that is grossly disadvantageous to the public?

What crime under the Revised Penal Code is committed by a public officer who accepts a monetary gift given by reason of his official position without prior agreement?

Learn more about these topics

1. Plunder Threshold Requisites
Under Republic Act No. 7080, as amended, the crime of plunder requires a public officer, in conspiracy with others, to amass, accumulate, or acquire ill-gotten wealth in the aggregate amount or total value of at least Fifty Million Pesos through a combination or series of overt or criminal acts. Accumulating ill-gotten wealth through a single isolated transaction does not constitute plunder under Republic Act No. 7080, regardless of the amount involved. Furthermore, private individuals who conspire with public officers in amassing ill-gotten wealth exceeding the statutory threshold are likewise criminally liable for plunder as co-conspirators.

2. Wheel Chain Conspiracy
In criminal law, a wheel conspiracy exists when a single central figure or hub deals individually with various separate outer figures or spokes, who may not necessarily know or interact with one another. Conversely, a chain conspiracy involves a sequential series of linked transactions where each participant performs a distinct role in a continuous vertical hierarchy to achieve a common criminal purpose. Both types of conspiracy may co-exist in complex corruption schemes involving multiple government officials, private contractors, and financial intermediaries handling ill-gotten kickbacks.

3. Anti Graft Violations
Under Section 3(b) of Republic Act No. 3019, public officers violate the Anti-Graft and Corrupt Practices Act by directly or indirectly requesting or receiving gifts or kickbacks in connection with any government contract. Additionally, Section 3(e) penalizes causing undue injury or giving unwarranted benefits through manifest partiality, evident bad faith, or gross inexcusable negligence. Section 3(g) penalizes entering into any contract or transaction on behalf of the government that is grossly disadvantageous to the public interest, such as approving severely overpriced public infrastructure projects.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026