Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

Property unlawfully acquired by an officer is traced to a nominee. The nominee relies solely on delay and estoppel to defeat the State’s specified recovery action, without establishing lawful title or any other defense. What does Section6 provide?
  1. The specified recovery is not barred by prescription, laches or estoppel
  2. Nominee status automatically defeats recovery
  3. Delay always creates lawful ownership
  4. Criminal prescription necessarily bars all recovery
  5. Every transfer destroys the State’s claim

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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