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Arroyo vs. People et al [DISSENTING OPINION, LEONEN, J]

GLORIA MACAPAGAL­ARROYO, PETITIONER, VS. PEOPLE OF THE PHILIPPINES AND THE SANDIGANBAYAN, (FIRST DIVISION), RESPONDENTS. [G.R. No. 220953] BENIGNO B. AGUAS, PETITIONER, VS. SANDIGANBAYAN (FIRST DIVISION), RESPONDENT.

G.R. No. 220598 | 2017-04-18

DISSENTING OPINION

LEONEN, J:

I maintain my dissent.

This Court's July 19, 2016 Decision[1] sets a dangerous precedent. It effectively requires new elements to the crime of plunder that are not sustained by the text of the Anti-Plunder Law. In doing so, this Court sets itself upon the course of encroaching on Congress' plenary power to make laws. It also denies the State the opportunity to adequately present its case. Likewise, it unwittingly licenses the most cunning plunderers to prey upon public funds with impunity.

This is not what the Anti-Plunder Law intends.
 
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Republic Act No. 7080 or the Anti-Plunder Law was...