After SC's ruling on Erap, Miriam wants plunder law amended

MANILA, Philippines - Sen. Miriam Defensor-Santiago is pushing for the amendment of the plunder law that will impose that no pardon may extinguish the accessory of penalty of perpetual disqualification from public office.

Santiago filed Senate resolution 2568 in the wake of the Supreme Court's decision upholding the legality of Manila Mayor Joseph Estrada’s election into office following the unconditional pardon of former President Gloria Macapagal-Arroyo.

In her explanatory note, Santiago said she hopes that the amendments will “make it impossible for one who has been convicted by final judgement of the crime of plunder to hold public office.”

“It should then be unthinkable for a public servant, who was convicted by final judgment of the crime of plunder, to be allowed to hold office once more. Public office is not the venue to test the limits of one’s ability to tune from his evil ways,” she said.

Santiago noted that recent developments have shown that it is possible, by some legal maneuverings, for one who has been convicted of heinous crime of plunder to run and be reelected into office.

Since plunder is about accumulation of ill-gotten wealth in the aggregate of P50 million, Santiago said the theft of such an amount from the nation is “unforgivably criminal.”

“And no person who is capable of such an act has a place in public office,” she said.

Santiago wants to amend Republic Act 7080, an action defining and penalizing the crime of plunder, specifically section 5 on suspension and loss of benefits.

“Any public officer against whom any criminal prosecution under a valid information under this act, whatever stage of execution and mode of participation, is pending in court, shall be suspended from office,” Section 5 read.

Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law and no pardon may extinguish the accessory penalty or perpetual absolute disqualification, Santiago said.

Under the provision, an acquittal allows entitlement to reinstatement and to the salaries and other benefits, which he failed to receive during suspension, unless, meantime, administrative proceedings have been filed against him.