The flood control grand plunder

Many of the nation's top government officials who are involved in the flood control shenanigans should be charged. Death penalty would be appropriate and just. All money and properties plundered should be returned to the government.

All those convicted officials should suffer forfeiture of all retirement and other benefits and perpetually disqualified from holding any appointed or elective public office. Their SALNs and diverted properties should be looked into. The BIR and the Bureau of Customs should scrutinize their unpaid taxes and maladjusted Customs duties for imported luxury cars, helicopters, yachts and outrageously expensive watches and jewelry. The lifestyles of their spouses and children and other close relatives should be looked into.

To obtain a conviction for plunder, certain elements need to be proven by the prosecution. These were outlined by the Supreme Court, in the case of Joseph Ejercito Estrada v. Sandiganbayan (GR no 148560). First, the offender should be a public officer who acts by himself or in collaboration with others. Second, he must have acquired, amassed or accumulated ill-gotten wealth through a combination or series of overt acts of (a) misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury, (b) by receiving directly or indirectly any commission, gift, share, percentage, kickback or any other form of pecuniary benefit from any person or entity with government projects.

The second element may also be committed by (c) any illegal or fraudulent conveyance or disposition of assets belonging to the government, both national and local, or any of the government subdivisions, agencies and instrumentalities, including government-owned and controlled corporations. Also, (d) by obtaining, receiving, or accepting directly or indirectly any shares of stocks, equity or any other form of interest or participation including a promise of future employment in any business enterprise in any business enterprise or undertaking. Another punishable act is (e) 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 (f) taking 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.

The last element of plunder under RA 7080 is that the aggregate amount or total value of the ill-gotten wealth amassed should be at least ?50 million. If less than that amount, the crime may be malversation of public funds and other felonies punishable under the Revised Penal Code and other special penal laws.

The testimonies of Ilocos Sur Governor Chavit Singson and other crucial witnesses were taken by the Anti-Graft Court as sufficient to convict Erap. He was convicted by the Sandiganbayan and it was affirmed by the Supreme Court later. He was, however, granted absolute pardon by President GMA. In that same case, then San Juan mayor Jinggoy Estrada was acquitted for lack of evidence proving his guilt beyond reasonable doubt. That plunder case against Erap was followed by another case of plunder, commonly called the Napoles cases, in connection with the anomalous use of the PDAF fund. We have no more space to discuss that case.

The Plunder Law is the most likely basis for the cases to be filed against the big fishes in the Senate, House, DPWH, and the contractors, if and when it’s established that the elements outlined above are shown to be present. The people are angry and agitated. They want convictions, imprisonment and all the accessory penalties, including perpetual disqualification from holding public office. No one is above the law: Whether you are a senator or a congressman, a Cabinet member or undersecretary, if you plunder the public coffers, you deserve to rot in jail.

The original maximum penalty under the original RA 7080 was capital punishment or death. But the death penalty was set aside under the administration of President Corazon Aquino. Given the most reprehensible acts committed in this flood control imbroglio, and for such despicable acts of plunder, I concur with Senator Bato de la Rosa that the death penalty should be reinstated for plunder. Many of the trapos and their family dynasties may be the first ones to be convicted.

Some people deserve extreme actions. When people have exceeded the bounds of law and justice in the most blatant and inhuman manner, even God himself burned entire cities and destroyed millions through massive floods and calamities. There can be no genuine peace without justice.