Question

Through kickbacks, percentages or commissions and other fraudulent schemes and conveyances, and taking advantage of his position, Andy, a former mayor of a suburban town, acquired assets amounting to P10 billion which is grossly disproportionate to his lawful income. Due to his influence and connections and despite knowledge by the authorities of his ill-gotten wealth, he was charged with the crime of plunder only after 20 years from his defeat in the last elections he participated in.

(a) May Andy still be held criminally liable? Why?

(b) Can the State still recover the properties and assets that he illegally acquired, the bulk of which is in the name of his wife and children? Reason out. (1993 BAR)

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