Filing of Petition
- 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.
Petition Contents
- 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.
Answer Period
- Respondent is given 15 days to file an answer.
Hearing Procedure
- Court sets hearing date, which may be public.
- Respondent must have ample opportunity to explain how property was lawfully acquired.
Judgment
- 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.
Appeal
- Parties may appeal as provided under the Rules of Court for civil cases.
Protection Against Self-Incrimination
- 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.
Immunity
- Solicitor General may grant immunity from criminal prosecution to witnesses necessary to establish unlawful acquisition.
Effect of Record of Title
- Registry of Property records in the name of the respondent or related persons do not prevent property forfeiture judgments.
Laws on Prescription
- Acquisitive prescription and limitation of actions laws do not benefit respondents regarding unlawfully acquired property.
Penalties
- 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.
Separability
- If any part of the Act is held invalid, the remaining provisions remain effective.
Effective Date
- The Act takes effect upon approval.
- Applies to property unlawfully acquired both before and after its approval.