Forfeiture of Unlawfully Acquired Public Property

Property acquired by a public officer during incumbency that is manifestly disproportionate to lawful income is presumed unlawfully acquired.
The Solicitor General files the petition upon a taxpayer’s complaint after a preliminary inquiry and fiscal certification.
Petition is filed in the Court of First Instance where the officer resides or holds office.
No petition may be filed within one year before a general election or three months before a special election.
Resignation or separation from office does not bar filing; the filing right prescribes after four years from separation or term expiration.

Must include respondent’s name and address, current and previous public offices held.
Approximate amount and description of property acquired during incumbency.
Total government salary and income from legitimate property.
Other relevant information to determine unlawful acquisition.

Court sets hearing date, which may be public.
Respondent must have ample opportunity to explain how property was lawfully acquired.

If the respondent fails to satisfactorily prove lawful acquisition, the property is forfeited to the State.
No judgment rendered within six months before a general election or three months before a special election.
Court may refer case for administrative or criminal action.

The respondent or others must testify or produce evidence despite self-incrimination claims.
Such compelled testimony cannot be used criminally against witness except for perjury or false testimony.

Solicitor General may grant immunity from criminal prosecution to witnesses necessary to establish unlawful acquisition.

Registry of Property records in the name of the respondent or related persons do not prevent property forfeiture judgments.

Acquisitive prescription and limitation of actions laws do not benefit respondents regarding unlawfully acquired property.

Any public officer transferring or conveying unlawfully acquired property after the Act’s effectivity faces imprisonment up to five years, fines up to ten thousand pesos, or both.
Persons knowingly accepting such transfers are similarly liable.

If any part of the Act is held invalid, the remaining provisions remain effective.