NAME: ROSELIN S.

PURCIA

SUBJECT: GOVERNMENT ETHICS AND ACCOUNTABILITY

COURSE: MPM

PROFESSOR: MR. NICOLAS L. FALLER

REACTION PAPER ON PLUNDER AND A LOOPHOLE IN THE LAW

HERMINIGILDO C. CRUZ (SEPTEMBER 19, 2019)

Any public officer who by himself or connivance with member of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-
gotten wealth through a combination of series of overt or criminal acts hereof in the aggregate amount
or total value of at least Fifty million pesos (50,000,000.00) shall be guilty of the crime of plunder and shall
be punished by reclusion perpetua to death. Any person who participated with the said public officer in
the commission of an offense contributing to the crime of plunder shall likewise be punished for such
offense. In the imposition of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code, shall be considered by the court. The
court shall declare any and all ill-gotten wealth and their interests and other incomes and assets including
the properties and shares of stocks derived from the deposit or investment thereof forfeited in favor of
the state.

Section 22 of R.A 7157 state that the department shall not authorize nor shall the Commission on
Audit pass in audit payment of salaries and allowances of any persons appointed to any position in the
Department in violation of the requirements enumerated under Parts A, B and C, Title II of this Act. Any
salary and allowance received on the basis of such invalid appointments shall be refunded by the persons
so appointed. Promotions made in violation of this Act shall be null and void and thus have no force and
effect. The persons so promoted under such circumstances are deemed to have retained their old
positions. Any salaries and allowances derived from such invalid promotions shall be refunded by the
persons who is promoted

In the case of the 2 ambassadors who are working abroad and render services over the age limit
which is 70 years old, have illegal appointments, in this case they are already violating such rule. Our
government should have to review this and take actions towards the 2 ambassadors based on RA 7157 so
that this loophole should be minimized or stop. The government should have to take action about this
matter. They have to find solutions and maybe file a case against these ambassadors who continues
rendering services and keep the enormous sums they had collected under the dubious doctrine of the “de
facto service”.