sic itur ad astra

     RA 7659 | Criminal Law  Names Janet Lim Napoles Senator Juan Ponce Enrile Charge/Violation RA 7659 Plunder  alleged misappropriating former Senator Juan Ponce Enrile PDAF through that were selected without the required bidding procedure Facts:  (1)   On September 16, 2013, the Office of the Ombudsman received the report of  the National Bureau of Investigation (NBI), regarding its investigation on  several persons, including Janet Lim Napoles, former Senator Juan Ponce Enrile and his former Chief of Staff, Atty. Jessica Lucila Reyes.  In its report  the NBI recommended to prosecute Napoles,  former Senator Enrile, Reyes, and several other named individuals for the crime  of Plunder, defined and penalized under Section 2 of RA 7080,  as amended, for essentially misappropriating former Senator Enrile’s Priority  Development Assistant Fund (PDAF) through nongovernmental - organizations  (NGOs) th...

   RA 7659 | Criminal Law  Names Gloria Macapagal-Arroyo - former President of the Philippines Benigno Aguas - PCSO Budget and Accounts Officer Charge/Violation RA 7659 Plunder (PHP365,997,915.00) alleged misuse of P366 million PCSO intelligence funds from 2008 to 2010. Facts:  (1)  On July 10, 2012, the Ombudsman charged in the Sandiganbayan former President Gloria Macapagal-Arroyo and Philippine Charity Sweepstakes Office (PCSO) Budget and Accounts Officer Benigno Aguas, among others*, with plunder. *PCSO & COA officials who were later dismissed by Sandiganbayan, except for Uriarte and Valdes who were at large. (2) The information accuses GLORIA MACAPAGAL-ARROYO,xxx BENIGNO B.  AGUAS, xxx, of the crime of PLUNDER, as defined by, and penalized under Section 2 of Republic Act (R.A.) No. 7080, as amended by R.A. No. 7659. (3) Thereafter, several of the accused separately filed their respective petitions f...

   RA 7659 | Criminal Law  Names Joseph Ejercito Estrada - President of the Philippines Charge/Violation RA 7659 Plunder Action PETITION to declare Republic Act No. 7080 ( An Act Defining and Penalizing the Crime of Plunder) as amended by RA No. 7659 unconstitutional Facts:  Petitioner Joseph Ejercito Estrada, filed a petition to declare Republic Act No. 7080, as amended, unconstitutional.  Specifically, the provisions claimed by petitioner to have  transgressed constitutional boundaries are  Secs. 1, par. (d), 2 and 4. (See notes.) Issues: (I) WoN Plunder Law is unconstitutional for being vague; (II) WoN Plunder Law requires less evidence for proving the predicate crimes of plunder and therefore violates the rights of the accused to due process; and, (III) WoN Plunder as defined in RA 7080 is a malum prohibitum, and if so, whether it is within the power of Congress to so classify it. Contention: (I) Petitioner, bewails the failure of the law...

  RA 7659 | Criminal Law  Names Joseph Ejercito Estrada - President of the Philippines Charge/Violation RA 7659 Plunder Action PETITION to declare Republic Act No. 7080 ( An Act Defining and Penalizing the Crime of Plunder) as amended by RA No. 7659 unconstitutional Facts:  Petitioner Joseph Ejercito Estrada, the highest-ranking official to be prosecuted under RA 7080 (An Act Defining and Penalizing the Crime of Plunder), as amended by RA 7659, filed a petition to declare Republic Act No. 7080, as amended, unconstitutional.  Specifically, the provisions claimed by petitioner to have  transgressed constitutional boundaries are Secs. 1, par. (d), 2 and 4 which are : Section 1. x x x  (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  busine...