Philippine Bar review · Question

Practice question: Anti-Plunder Act (RA 7080, as amended by RA 7659)

Multiple Choice Hard

Practice question

A public officer has a valid plunder information pending in court. He says Section5 suspension can never arise before a final conviction because it is identical to forfeiture of retirement benefits. Which distinction is correct?
  1. Section5 separately addresses suspension during the valid pending prosecution and benefit loss after final conviction
  2. Both consequences require acquittal
  3. Both necessarily arise only after sentence service
  4. A pending valid information has no statutory relevance
  5. All benefits are automatically forfeited upon an anonymous complaint

Legal references

  • RA7080 Sections1–3 and5–6, read with RA7659: https://lawphil.net/statutes/repacts/ra1991/ra_7080_1991.html
  • RA7659 Section12, amended plunder provision: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html

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