Entities owned or controlled by them during his

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entities owned or controlled by them, during his administration, directly or through nominees, by taking undue advantage of their public office and/or using their powers, authority, influence, connections or relationship,” expressly granted the authority of the PCGG to recover ill-gotten wealth covered President Marco’s immediate family, relatives, subordinates and close associates, without distinction as to their private or public status. Contrary to Disini’s argument, too, the qualifying clause found in Section 4 of R.A. No. 8249 applied only to the cases listed in Subsection 4a and Subsection 4b of R.A. No. 8249. Unquestionably, public officials occupying positions classified as Grade 27 or higher are mentioned only in Subsection 4a and Subsection 4b, signifying the plain legislative intent of limiting the qualifying clause to such public officials. To include within the ambit of the qualifying clause the persons covered by Subsection 4c would contravene the exclusive mandate of the PCGG to bring the civil and criminal cases pursuant to and in connection with E.O. Nos. 1,2,14 and 14-A. In view of this, the Sandiganbayan properly took cognizance of Criminal Case No. 28001 and Criminal Case No. 28002 despite Disini’s being a private individual, and despite the lack of any allegation of his being the co- principal, accomplice or accessory of a public official in the commission of the offenses charged. In resolving the issue of prescription, the following must be considered, namely: (1) the period of prescription for the offense charged; (2) the time when the period of prescription starts to run; and (3) the time when the prescriptive period is interrupted. The information in Criminal Case No. 28001 alleged that Disini had offered, promised and given gifts and presents to
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POLITICAL LAW CASE DIGESTS 161 Ferdinand E. Marcos; that said gifts were in consideration of Disini obtaining for Burns & Roe and Westinghouse Electrical Corporation (Westinghouse) the contracts, respectively, to do the engineering and architectural design of and to construct the PNPPP; and that President Marcos did award or cause to be awarded the respective contracts to Burns & Roe and Westinghouse, which acts constituted the crime of corruption of public officials. The crime of corruption of public officials charged in Criminal Case No. 28001 is punished by Article 212 of the Revised Penal Code with the “same penalties imposed upon the officer corrupted”. Under th e second paragraph of Article 210 of the Revised Penal Code (direct bribery) , if the gift was accepted by the officer in consideration of the execution of an act that does not constitute a crime, and the officer executes the act, he shall suffer the penalty if prision mayor in its medium and minimum periods and a fine of not less than three times the value of the gift. Conformably with Article 90 of the Revised Penal Code , 27 the period of prescription for this specie of corruption of public officials charged against Disini is 15 years.
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