Benare Dilip of the Erectarp TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 SEP -3 P4:47 First Regular Session SENATE man. L0V S. No. 1343 Introduced by SENATOR RONALD "BATO" DELA ROSA AN ACT REIMPOSING DEATH PENALTY FOR THE CRIME OF PLUNDER, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9346 OR "AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES", AND FOR OTHER PURPOSES EXPLANATORY NOTE
Section 1, Article XI of the 1987 Constitution provides that "Public office is a
public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice and lead modest lives." In 1993, Republic Act No. 7659 recognized the gravity of the crime of plunder. Plunder was considered a serious betrayal of public trust that the penalty of death was imposed. However, due to the enactment of Republic Act No. 9346, no one was meted the penalty of death for plunder. President Ferdinand R. Marcos Jr. disclosed that fifteen (15) contractors secured nearly twenty percent (20%) of the total P545 billion allocation for the government's control program since July 2022.1 Several flood control projects also received identical approved budgets despite the difference in location and winning contractors. The current investigations being conducted on the flood control projects 1 https://pco.gov.ph/news_releases/pbbm-20-of-flood-control-projects-worth-p100b-went-to-only-15-
mentioned by President Marcos revealed a massive embezzlement of government resources. Allegations coming from different sources claims that it is the politician master mind who looks for funding, receives up to 30% of the project cost, DPWH officials and engineers are given a total of 15%, 4% for the participating contractors, the District Engineers Bids and Awards Committee receive 4% while the resident auditor receives 2%. According to the Department of Finance, the economic impact of corruption in the DPWH flood control projects from 2023-2025 is at an average of P42.3 billion to P118.5 billion. This translates to 95,000 to 266,000 jobs that could have been created on an average. Worse, the flooding which could have been resolved had it not been subjected to corruption results in loss of lives, homes and livelihoods of Filipinos. In light of the initial investigations on the anomalous flood control projects and its negative economic impact on the country, this proposed measure seeks to reimpose the capital punishment of death to individuals found guilty of the crime of plunder. When public officials who are duty bound to uphold the integrity and dignity of the government in its disbursement of funds failed to do so, they must be meted out with the highest penalty. In the face of actual and lived experience, plunder entails the enriching of oneself at the expense of the suffering of others. It is selective and selfish pleasure derived from collective pain. And when public officials, those whom the Constitution has identified to be accountable to the people, are the ones responsible for their suffering, it is no longer just a simple mistake. It is not even a simple crime, punishable by a few years in prison, or forgivable upon the payment of a fine. When our people lose their chance at good lives because of the greed of the few, the greedy few, simply, must pay with their lives. The urgency of this measure cannot be overemphasized due to the alarming gravity and impact of corruption in the country. In view of the foregoing, the passage of this measure is earnestly sought. RONALD "BATO" DELA ROSA 2 https://opinion.inquirer.net/185763/flood-of-corruption-dpwh-politicians-and-contractors-stole-billions
Senate ifice of the Set:rtarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 SEP -3 P4:47 First Regular Session ) RECEIVED BY: 1N SENATE 1343 S. No. _ Introduced by SENATOR RONALD "BATO" DELA ROSA AN ACT REIMPOSING DEATH PENALTY FOR THE CRIME OF PLUNDER, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9346 OR "AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES", AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Declaration of Policy. - It is hereby declared the policy of the State
2 to uphold the highest standards of integrity, honesty, and accountability in public service. Recognizing that the misappropriation of public funds gravely undermines the 4 constitutional mandate of the government to promote the general welfare, the State 5 deems the crime of plunder as a most heinous offense. Toward this end, and in order 6 to preserve public trust and deter the commission of acts of corruption, the State hereby reimposes the death penalty.
Sec. 2. Death Penalty for the Crime of Plunder. - The death penalty provided
9 by Republic Act No. 7659 for the crime of plunder is hereby reimposed.
Sec. 3. Lethal Injection. - Republic Act No. 8177, otherwise known as the "Act
Designating Death by Lethal Injection as the Method of Carrying Out Capital Punishment; Amending for the Purpose Article 81 of the Revised Penal Code, as amended by Section 24 of Republic Act No. 7659," is hereby revived.
Sec. 4. Repealing Clause. - Republic Act No. 9346 or "An Act Prohibiting the
Imposition of Death Penalty in the Philippines" is hereby amended accordingly.
Any law, presidential decree or issuance, executive order, letter of instruction, rule or regulation inconsistent with the provisions of this Act is hereby repealed, or modified accordingly.
Sec. 5. Separability Clause. - If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in force and effect.
Sec. 6. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation. Approved,