The Supreme Court (SC) announced on Wednesday the dismissal of petitions filed by Senator Jinggoy Estrada in relation to the Priority Development Assistance Fund (PDAF) cases.
In its Decision, the SC En Banc dismissed the petitions involving the plunder and graft cases for being moot and academic and for being “deemed absorbed” respectively.
This ruling effectively affirms that violations of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) may be prosecuted separately from plunder.
It held that the act of “giving any private party any unwarranted benefit, advantage or preference” as provided in the said law cannot be absorbed by the predicate criminal acts under the Anti-Plunder Law. It explained that the two offenses punish distinct offenses.
Further, it noted that the absorption principle does not apply between graft and plunder, except in rare cases where the same public officer is both the giver and recipient of the unwarranted benefit.
The said principle happens when one offense merges into another, according to the SC.
