EXPLANATORY NOTE:
In view of the recent congressional inquiries shedding more light into the current implementation of the provisions plea bargaining agreement to those charged under Republic Act No. 7080, as amended, or what is otherwise known as the Plunder law, it is clear that remedial measures needs to be adopted and incorporated into the present law and rules governing this crime and its prosecution in order to prevent from serving as a precedent prejudicial to the interest of our country and the Filipino people the irregularities which attended the case of former Armed Forces of the Philippines retired Major General Carlos Garcia plea bargaining.
Thus, not only is there a need to lay down a clear rule or the parameters that must be satisfied as to when a plea bargaining deal is entered into in the prosecution of crimes but also, insofar as to high crimes or grave offenses such as plunder, a further requirement of an absolute removal to enter into such agreement is necessary. Such measure had been adopted and a provision to that effect incorporated for offenses involving violations of Republic Act No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002", as amended. With more reason that the provision for the denial of the resort to plea bargaining must be effected in our statutes in cases involving the atrocious crime of plunder.
In view of the foregoing, the passage of this measure is earnestly sought.
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FOURTEENTH CONGRESS
First Regular Session
House Bill No. 4180
Introduced by Honorable Roilo Golez
AN ACT STRENGTHENING REPUBLIC ACT NO. 7080, AS AMENDED, OTHERWISE KNOWN AS THE "AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER"
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION. 1. A new section, numbered Section 7 is hereby inserted after Section 6 of Republic Act No. 7080, as amended by Republic Act No. 7659 entitled “AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES”, to read as follows:
"Section 7 Plea-Bargaining Provision. – Any person charged under the provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on plea-bargaining."
SEC. 2. The existing Sections 7, 8, and 9 of Republic Act No. 7080 is hereby renumbered to Sections 8, 9, and 10, respectively.
SEC. 3. Scope – This Act shall not apply to or affect pending prosecutions or proceedings, or those which may be instituted prior to the effectivity of this amendatory Act in accordance with Section 6 hereof.
SEC. 4. Implementing Rules. – The Department of Justice (DOJ) shall promulgate the necessary rules and regulation to implement the provision of this Act.
SEC. 5. Repealing Clause. – All laws, decrees, orders, rules, regulations, ordinances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.
SEC. 6. This Act shall take effect fifteen (15) days from its publication in the Official Gazette or in at least two (2) general newspapers of general circulation in the Philippines.
Approved,
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