Their are two types of cases that possible to file if you are a corrupt government official first is Plunder second is Malversation of public funds. Now lets define the meaning of those two cases.
Plunder (Non-bailable) - The most discussed law these days is Republic Act 7080 otherwise known as the law on plunder. Seen as a deterrent to prevent public officials from stealing money from the government, the plunder law was passed in 1991 with the most significant signatory being one Senator Joseph Estrada. In this edition of the Law Professor, we shall now examine the intricacies of the Plunder Law.
What is plunder and how is it committed? According to Section 2 of RA 7080, plunder is committed when a 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) of RA 7080 in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00). In addition, any person who participated with the said public officer in the commission of plunder shall likewise be punished.
Read full Meaning Click the link - http://www.abogadomo.com/law-professor/law-professor-archives/the-plunder-law
Marversation of public funds (bailable) - Final point on the crime of malversation: Although the crime of intentional malversation includes malversation committed through negligence, or {rather than neglect of duties}, the crime of technical malversation is not necessarily included in the crime of simple malversation. So if a public officer was charged for simple malversation under Article 217 of the Code, but during the trial, the evidence shows that the missing fund or property was applied to public use, and the crime therefore would be technical malversation, the trial court should then suspend the proceedings, and require the prosecutor to file the proper information for technical malversation. Otherwise, if the trial court will proceed and then render judgment against the accused for technical malversation, the judgment is null and void. The constitutional right of the accused to be informed of the nature and cause of the accusation against him will be violated. This is so because the evidence required for conviction in simple malversation is materially different from the evidence required in technical malversation.
Read full Meaning Click the link - http://www.visitmyphilippines.com/index.php?title=WhatisMalversationofFunds?&func=all&pid=8138
Plunder (Non-bailable) - The most discussed law these days is Republic Act 7080 otherwise known as the law on plunder. Seen as a deterrent to prevent public officials from stealing money from the government, the plunder law was passed in 1991 with the most significant signatory being one Senator Joseph Estrada. In this edition of the Law Professor, we shall now examine the intricacies of the Plunder Law.
What is plunder and how is it committed? According to Section 2 of RA 7080, plunder is committed when a 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) of RA 7080 in the aggregate amount or total value of at least Fifty million pesos (P50,000,000.00). In addition, any person who participated with the said public officer in the commission of plunder shall likewise be punished.
Read full Meaning Click the link - http://www.abogadomo.com/law-professor/law-professor-archives/the-plunder-law
With Plunder Cases
The senate 3kings
- Sen. Bong Revilla
- Sen. Jinggoy Estrada
- Sen. Juan Ponce Enrile,
Marversation of public funds (bailable) - Final point on the crime of malversation: Although the crime of intentional malversation includes malversation committed through negligence, or {rather than neglect of duties}, the crime of technical malversation is not necessarily included in the crime of simple malversation. So if a public officer was charged for simple malversation under Article 217 of the Code, but during the trial, the evidence shows that the missing fund or property was applied to public use, and the crime therefore would be technical malversation, the trial court should then suspend the proceedings, and require the prosecutor to file the proper information for technical malversation. Otherwise, if the trial court will proceed and then render judgment against the accused for technical malversation, the judgment is null and void. The constitutional right of the accused to be informed of the nature and cause of the accusation against him will be violated. This is so because the evidence required for conviction in simple malversation is materially different from the evidence required in technical malversation.
Read full Meaning Click the link - http://www.visitmyphilippines.com/index.php?title=WhatisMalversationofFunds?&func=all&pid=8138
With Marversation of public funds Case
- Grace Padaca - Liberal Party
- Joel Villanueva - Liberal Party
You only get Malversation of public funds Case if the worth of money you steal is below P50 million for example; if you have a corruption case worth only P49 million you are save from the Plunder case. But the 3 senator accused of stealing money worth more than P100 million they get the Plunder Case Non-Bailable.
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