SPL-Section 2

I.
1.

The RA 3019 also known as the ANTI-GRAFT and CORRUPT PRACTICES

ACT defines the public officers as all elected and appointive officials and
employees, permanent or temporary in the classified or unclassified or
exemption service receiving compensation from the government.

2.

3.

No. action of Ahmad Jamal is not in the attempted stage.

Under the law, stage of accomplishment considered in special penal laws is
only the consummated stage. Hence, upon the preparation and filing of
Ahmad Jamal and Jabbar with the Bureau of Customs the necessary
Import Entry and Internal Revenue Declaration covering XXX shipment
with the false information of the shipment it was already on the
consummated stage.

II.

1.
Yes, I agree with the stand of Ombudsman. The law specifically states that
the amount must be at least 50 million, but the missing 1,000 does not
essentially exempt criminals from being convicted of Plunder. The
performer, civil servant, accumulated, or acquired fraudulent property is
sufficient through a combination of obvious or criminal acts referred to in
subparagraph (d) or a series of acts. 2, R.A. Section 1 of RA 7080.
Therefore, falling below 50 million marks has nothing to do with
determining the perpetrator's crime in a Plunder case.
2.

Republic of the Philippines

REGIONAL TRIAL COURT
Marawi Brach 1
Bulwagan ng Katarungan
New Capitol, Marawi City, Lanao del Sur

Office of the Ombudsman Criminal Case No. 123456

Petitioner, FOR: Plunder

-Versus-

Al Argonsino, Michael Robles,

and Wenceslao Sombero
Respondent,
x----------------------------------------------x

COMPLAINT

COMES NOW the petitioner, Office of the Ombudsman spearheaded by

Conchita Carpio Morales, through the undersigned and unto this Honorable Court, most
respectfully states:
1. That the petitioner Conchita Carpio Morales of the Office of the Ombudsman,
representing the People of the Republic of the Philippines, in filing this case;
 2. That the defendants, Commissioners Al Argosino and Michael Robles, are
commissioners of Bureua of Immigration, together with Wenceslao Sombero,
Jr., president of Asian Gaming Service Providers Association, Inc.,;

3. That both parties have the capacity to sue and be sued;

4. That the defendants willfully, maliciously, and deliberately extorted 50 million

pesos in exchange for the release of 1,316 arrested Chinese nationals who were
violating Philippine Immigration Law;

5. That such acts committed by the defendants are in violation of R.A. No. 7080
also known as “The Plunder Law.”;

6. That as a consequence, petitioner is compelled to execute to institute the instant

action against the defendant.

PRAYER
WHEREFORE, the foregoing premises considered, it is most respectfully prayed
that this Honorable Court render judgment ordering Defendant to pay and suffer all
penalties of the crime of Plunder under R.A. No. 7080.

SO PRAYED.

Doc No. …..

Page No. …..
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Series of 2022.
 III.

A.

No. The eight personalities are not liable of the offense charged. The
police have not provided clear and convincing evidence that these eight
personalities have knowledge of the nature of the place and facts is
actually silent about the intentions of the aforementioned personalities.

B.

If I were the prosecutor, I will indict the 8 personalities for violating RA

9165 on a basis that the said law substantially provides that any person
who are actually visiting in a drug den and aware of the nature of the
place and shall knowingly and regularly visiting therein are also liable for
violating such law.

C.

If I were the counsel of the 8 personalities, my defense would be their

negative urine test result. Because drugs and paraphernalia were found
that could be used as a threat and there was no clear and convincing
evidence that they were aware of the nature of the place.

D.

Yes. They are responsible for violation of Article II, Sec 15 of RA 9165.
The law provides that anyone who is found to be positive of a dangerous
drug is responsible for the use of the dangerous drug and is punishable
for imprisonment for at least six months. Hence, the eight personalities
are responsible for violating of Section 15 of RA9165.
 IV.

A.

Yes. Madam X is liable for violation of Section 5, Article II of RA 9165.

Under the law, any person who are not authorized by law transport or
dispatch illegal drugs shall be liable under RA 9165. Since, she was
caught in dispatching or transporting a sachet of shabu within a car she
was driving though it was not her car as she interposed as defense.
Hence, Madam X is liable for violating the aforementioned law.

B.

No. If I were the judge, I would definitely NOT give credit to the defense
of madam X. Despite she claims that the car was not hers, her act of
speeding up beyond the speed limit is very suspicious, given the fact that
she has no emergency or whatsoever to give reason of speeding up, and
also why would she drove a car not knowing of the fact that there was a
sachet of shabu in the compartment of the car she was driven.

C.

Yes. The contention is valid. The law provides that, physical inventory
and photographing of the drugs were intended by the law to be made
immediately after or at the place of apprehension. Hence, Madam X
should be acquitted.

D.

No. the sachets of shabu seized is inadmissible evidence. Despite it was

confiscated inside the car of madame X it should be inventoried at the
same place where she was arrested with the presence of her legal
counsel. Without these, the sachets of shabu is inadmissible evidence.
 V.

A.

No. Those women are NOT liable for violation of RA 10591. Well settled
that there is no penalty for carrying an amulet made out of an empty
ammunition shell and nothing in the RA 10591 penalizes the use of an
empty shell for the purpose of religious rituals.

B.

Yes. The contention is valid. It was held in a recent jurisprudence, that a

decommissioned bullet that is used as an anting-anting is a perfectly legal
accessory. Also, RA 10591 only punishes the illegal possession of complete
ammunition or a live bullet. Hence, those women arrested on the charge of
carrying an empty bullets as anting-anting should be acquitted.