Article 160Act No. 3815, Sec./Art. 160

Commission of another crime during service of penalty imposed for another previous offense-Penalty.-Besides the provisions of rule 5 of article 62, any person who shall commit a felony after having been convicted by final judgment, before beginning to serve such sentence, or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for the new felony.

Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the age of seventy years if he shall have already served out his original sentence, or when he shall complete it after reaching said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency.

TITLE FOUR

CRIMES AGAINST PUBLIC INTEREST

CHAPTER ONE

FORGERIES

SECTION ONE.-Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

original jurisdiction of the Sandiganbayan. (as amended

by Batas Pambansa Blg. 195, [March 16, 1982])

Section

11.

Prescription

of

offenses.

All

offenses

punishable under this Act shall prescribe in twenty years.

(as amended by Batas Pambansa Blg. 195, [March 16,

1982], Republic Act No. 10910, [July 21, 2016])

Section 12. Termination of office. No public officer shall

be allowed to resign or retire pending an investigation,

criminal or administrative, or pending a prosecution

against him, for any offense under this Act or under the

provisions of the Revised Penal Code on bribery.

Section

13.

Suspension

and

loss

of

benefits.

Any

incumbent public officer against whom any criminal

prosecution under a valid information under this Act or

under Title 7, Book II of the Revised Penal Code or for any

offense involving fraud upon government or public funds

or property whether as a simple or as a complex offense

and

in

whether

stage

of

execution

and

mode

of

participation, is pending in court, shall be suspended

from office. Should he be convicted by final judgment, he

shall lose all retirement or gratuity benefits under any

law,

but

if

he is acquitted, he shall be entitled to

reinstatement and to the salaries and benefits which he

failed

to

receive

during

suspension,

unless

in

the

meantime administrative proceedings have been filed

against him.

In the event that such convicted officer, who may have

already been separated from the service, has already

received such benefits he shall be liable to restitute the

same

to

the

Government.

(as

amended

by Batas

Pambansa Blg. 195, [March 16, 1982])

Section 14. Exception. Unsolicited gifts or presents of

small or insignificant value offered or given as a mere

ordinary token of gratitude or friendship according to

local customs or usage, shall be excepted from the

provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or

prohibit the practice of any profession, lawful trade or

occupation by any private person or by any public officer

who

under

the

law

may

legitimately

practice

his

profession, trade or occupation, during his incumbency,

except where the practice of such profession, trade or

occupation involves conspiracy with any other person or

public official to commit any of the violations penalized in

this Act.

Section 15. Separability clause. If any provision of this Act

or the application of such provision to any person or

circumstances is declared invalid, the remainder of the

Act or the application of such provision to other persons

or

circumstances

shall

not

be

affected

by

such

declaration.

Section 16. Effectivity. This Act shall take effect on its

approval, but for the purpose of determining unexplained

wealth, all property acquired by a public officer since he

assumed office shall be taken into consideration.

Approved: August 17, 1960

RA No 7080 | Anti-Plunder Act

Republic Act No. 7080 July 12, 1991

AN ACT DEFINING AND PENALIZING THE CRIME OF

PLUNDER

Be it enacted by the Senate and House of

Representatives of the Philippines in Congress

assembled: :

Section 1. Definition of Terms - As used in this Act, the

term -

a) Public Officer means any person holding any public

office

in

the

Government

of

the

Republic

of

the

Philippines by virtue of an appointment, election or

contract.

b) Government includes the National Government, and

any of its subdivisions, agencies or instrumentalities,

including government-owned or -controlled corporations

and their subsidiaries.

c) Person includes any natural or juridical person, unless

the context indicates otherwise.

d) Ill-gotten wealth means any asset, property, business

enterprise or material possession of any person within the

purview of Section Two (2) hereof, acquired by him

directly

or

indirectly

through

dummies,

nominees,

agents, subordinates and/or business associates by any

combination or series of the following means or similar

schemes:

1)

Through

misappropriation,

conversion,

misuse,

or

malversation of public funds or raids on the public

treasury;

2) By receiving, directly or indirectly, any commission, gift,

share,

percentage,

kickbacks

or

any

other

form

of

pecuniary

benefit from any person and/or entity in

connection with any government contract or project or

by reason of the office or position of the public officer

concerned;

3) By the illegal or fraudulent conveyance or disposition of

assets belonging to the National Government or any of its

subdivisions,

agencies

or

instrumentalities

or

government-owned or -controlled corporations and their

subsidiaries;

4)

By

obtaining,

receiving

or

accepting

directly

or

indirectly any shares of stock, equity or any other form of

interest

or

participation including promise of future

employment in any business enterprise or undertaking;

5) By establishing agricultural, industrial or commercial

monopolies

or

other

combinations

and/or

implementation

of

decrees

and

orders

intended

to

benefit particular persons or special interests; or

6)

By

taking

undue

advantage

of

official

position,

authority, relationship, connection or influence to unjustly

enrich himself or themselves at the expense and to the

damage and prejudice of the Filipino people and the

Republic of the Philippines.

See Section 2 As amended by Section 12 of RA No.7659

Section 2. Definition of the Crime of Plunder; Penalties

- 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 as described in Section 1(d) hereof, in the

aggregate amount or total value of at least Seventy-five

million pesos (P75,000,000.00), shall be guilty of the crime

of plunder and shall be punished by life imprisonment

with perpetual absolute disqualification from holding any

public office. Any person who participated with said

public officer in the commission of plunder shall likewise

be punished. In the imposition of penalties, the degree of

participation

and

the

attendance

of mitigating and

extenuating circumstances shall be considered by the

court. The court shall declare any and all ill-gotten wealth

and

their

interests

and

other

incomes

and

assets

including the properties and shares of stock derived from

the deposit or investment thereof forfeited in favor of the

State.

Section 3. Competent Court - Until otherwise provided

by law, all prosecutions under this Act shall be within the

original jurisdiction of the Sandiganbayan.

Section

4.

Rule

of

Evidence

-

For

purposes

of

establishing

the

crime

of

plunder,

it

shall

not

be

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.

© Compiled By RGL

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