EXPLAINER: What is the difference between graft and plunder?

A warrant of arrest was issued on Friday by the Sandiganbayan against Senator Jinggoy Estrada for the case of graft or corruption that was filed by the Office of the Ombudsman.

The case stemmed from his alleged kickbacks in the government's flood control projects. The senator posted bail of 90,000 pesos to be temporarily released.

However, he also faces a case on plunder or pandarambong, which is non-bailable.

The issues on graft and plunder are the topics for discussion of Atty. Gaby Concepcion.

What is the difference between graft and plunder? And, how come one can post bail in graft cases while in plunder cases this is not allowed?

Both graft and plunder are forms of corruption committed by public officials, and their difference is with the law that recognizes these offenses and that defines them because of existing special laws.

Definition

Graft is under the Anti-Graft and Corrupt Practices Act or Republic Act No. 3019 and is listed and specified under the law that this is a particular prohibited act committed by an official such as entering into a contract that is disadvantageous to the government, giving favors in exchange for gifts, granting a license of permit to someone not eligible, abuse of position, having vested interest in a business or contract with which he or she has an official relationship or receiving kickback in exchange for a project or transaction.

Even if any of these prohibited acts is committed once, or whether the person holds a high position or not, it is a case considered under Republic Act No. 3019.

Meanwhile, plunder or pandarambong is considered is a more serious crime.

Plunder is under Republic Act No. 7080. Plunder is considered to occur when a public official accumulates or amasses ill-gotten wealth through multiple or a combination of several illegal activities.

This is not like graft under Rep Act 3019, in which with just a transaction, (one is) already guilty!

In plunder, it should be proven that this is systemic and there is a combination of activities. This does not involve just one transaction — it could be a combination of acceptance of kickbacks or commissions, malversation of public funds, abuse of position to enrich oneself using public funds.

Posting bail

The minimum of amount involved is P50 million. If the amount is P49 million — this could be considered as a case of graft and corruption, but not plunder.

About bail, we know that bail or piyansa is a form of security that is given to the accused so he or she can be released but this is also assurance that he or she will appear in court if needed.

And, because there is presumption of innocence, bail is a matter of right and a right under the Philippine Constitution. The only exception is when the penalty is reclusion peretua and the evidence of guilt is strong.

That is why a graft case is usually a bailable offense and the accused can post bail and be released before a case is being tried.

But plunder is punishable by life imprisonment so it is considered non-bailable when the evidence against the accused is strong. — BAP, GMA News