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The Prosecution did not properly allege and prove the existence
of conspiracy among GMA, Aguas and Uriarte.
a. The Sandiganbayan committed GADALEJ. First, its conclusion that GMA
had been the mastermind of plunder was plainly conjectural; the
information did not aver at all that she had been the mastermind.
Second, the treatment of GMAs handwritten unqualified OK as an
overt act of plunder was absolutely unwarranted considering that such
act was a common legal practice of signifying approval of a fund
release by the President.
b. The law requires in the criminal charge for plunder against several
individuals that there must be a main plunderer and her coconspirators. In other words, the allegation of the wheel conspiracy or
express conspiracy in the information was appropriate because the
main plunderer would then be identified in either manner. Of course,
implied conspiracy could also identify the main plunderer, but that fact
must be properly alleged and duly proven by the Prosecution. The
Prosecution, in alleging implied conspiracy, failed to allege the main
plunderer.
or criminal acts described under Sec. 1(d) of the Anti-Plunder Law; and
(iii) That the aggregate amount or total value of the ill-gotten wealth
amassed, accumulated or acquired is at least Php50 Million.
b. The corpus delicti of plunder is the amassment, accumulation or
acquisition of ill-gotten wealth valued at not less than Php50 Million.
The Prosecution adduced no evidence showing that GMA, Aguas or
Uriarte had amassed, accumulated or acquired ill-gotten wealth of any
amount. There was also no evidence showing even the remotest
possibility that the CIFs of the PCSO had been diverted to either GMA
or Aguas, or Uriarte.
III.