Question & AnswerQ&A (Republic Act No. 11917)
The main purpose of Republic Act No. 1379 is to declare forfeiture in favor of the State of any property found to have been unlawfully acquired by any public officer or employee and to provide the proceedings for such forfeiture.
A 'public officer or employee' means any person holding any public office or employment by virtue of appointment, election, or contract, including those in state-owned or controlled corporations or enterprises.
'Other legitimately acquired property' refers to property acquired by inheritance, gift inter vivos before holding office, or property already owned when qualifying for office, including fruits and income from the exclusive property of the spouse, excluding unlawfully acquired property disguised under others' names or unlawful property donated during incumbency unless proven lawful.
It is presumed unlawfully acquired when, during incumbency, the amount of property is manifestly out of proportion to the officer's salary, lawful income, and income from legitimately acquired property.
The Solicitor General files the petition in the name of the Republic of the Philippines upon certification from the city or provincial fiscal after conducting a preliminary inquiry showing reasonable grounds that a violation occurred.
No petition shall be filed within one year before any general election or within three months before any special election. The right to file expires after four years from resignation, dismissal, separation, or term expiration except for those who ceased office within ten years before the Act’s approval, in which case it expires four years from the Act's approval.
The petition must include the respondent's name and address, the public office held, approximate property acquired, description of identified property, total government salary and earnings from legitimately acquired property, and other information to help determine unlawful acquisition.
The respondent has fifteen days to present an answer to the petition.
The court will set a hearing date, which may be public, and must give the respondent ample opportunity to explain satisfactorily how the property was acquired.
The court shall declare the property forfeited in favor of the State, making such property State property.
Yes, the parties may appeal the judgment of the Court of First Instance as provided in the Rules of Court for civil case appeals.
No one can be excused from testifying or producing evidence on grounds of self-incrimination in these proceedings, but such testimony cannot be used against them in criminal cases except for perjury or false testimony.
The Solicitor General may grant immunity from criminal prosecution to any person whose testimony is necessary to prove violations of the Act.
No, the fact that property is recorded in the name of the respondent or related persons does not prevent the court from declaring such property forfeited.
No, laws on acquisitive prescription and limitation of actions cannot be invoked or benefit respondents regarding unlawfully acquired property.
A public officer who transfers unlawfully acquired property may be punished with imprisonment up to five years, a fine up to Ten Thousand Pesos, or both. The same penalties apply to persons who knowingly accept such property transfers.
If any provision or its application is held invalid, the rest of the Act and other applications remain unaffected.
The Act took effect upon approval on June 18, 1955, and covers both property unlawfully acquired before and after its effectivity date.