Philippine Bar review · Question

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

Multiple Choice Hard

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?
  1. A nominee always breaks statutory liability
  2. Every individual receipt must reach the aggregate threshold alone
  3. The Act covers indirect acquisition through nominees and the threshold applies to the relevant aggregate scheme
  4. Repeated kickbacks cannot constitute a series
  5. 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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