Practice question
A public officer repeatedly receives project kickbacks through a nominee, with the proved overall scheme yielding eighty million pesos in ill-gotten wealth. The defense argues that indirect receipt through the nominee is automatically lawful and that each receipt must independently reach fifty million pesos. Which is best?
- A nominee always breaks statutory liability
- Every individual receipt must reach the aggregate threshold alone
- The Act covers indirect acquisition through nominees and the threshold applies to the relevant aggregate scheme
- Repeated kickbacks cannot constitute a series
- Only assets kept in the official’s personal name may count
Legal references
- RA7080 Section1(d); RA7659 Section12; Estrada, G.R.148560: https://lawphil.net/statutes/repacts/ra1991/ra_7080_1991.html
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