ra 1379 presentation
DESCRIPTION
Presentation on civil forfeiture in the Philippines.TRANSCRIPT
Republic Act 1379
An Act Declaring Forfeiture
in Favor of the State Any
Property Found to Have Been
Unlawfully Acquired by Any
Public Officer or Employee
and Providing for the
Procedure Therefor
June 18, 1955
Who is a public
officer?
One who holds any public office or employment by virtue of an appointment, election, contract.
Includes one who is employed in any State owned or controlled corporation
Other legitimately
acquired property
Any real or personal property, money or securities owned by Respondent through inheritance, or a gift intervivos
Not included in the
property “Other
legitimately acquired
property”
Unlawfully acquired property but ownership is concealed as it is recorded in the name of his spouse, ascendants, descendants or any other person
Unlawfully acquired by but transferred by the Respondent to another person’s name after effectivity of RA 1379
Donated to him during his incumbency unless such is lawful
What is Forfeiture?
“Incurring of a libility to pay a definite sum of money as a consequence of violating the provisions of some statute or refusal to comply with some requirement of law”
Civil forfeiture, known in the US as
“non-conviction based forfeiture”
In RA 1379, this was characterized as
criminal in nature—i.e., Respondents are
protected from self-incrimination
But in Republic vs. Sandiganbayan,
forfeiture proceedings were declared actions in rem and therefore civil
in nature
RA 1379 (Forfeiture of Unlawfully Acquired Property)
Whenever any public officer or employee has acquired during his incumbency an amount
of property which is manifestly out of proportion to his salary as such public officer
or employee and to his lawful income and the income from legitimately acquired
property, said property shall be presumed prima facie to have been unlawfully acquired
An indicator that a public officer may have amassed
ill-gotten wealth is his non-disclosure & concealment of vital facts in his SALN
Legitimately-acquired property is beyond the purview of the law on
forfeiture
Resignation, dismissal, or separation from the service is not a bar to the filing of a petition
for civil forfeiture
Procedure for Filing Forfeiture Under RA 1379
Investigation or inquiry
conducted
• Conducted by Solicitor General but after February 25, 1986 , by the Ombudsman
Petition is Filed
• Before Sandiganbayan/RTC
Respondent files Answer
• 15 days from receipt of notice or service of the Petition
Hearing • Opportunity for Respondent
to explain how he acquired the property in question
Judgment
Appeal
Respondent is entitled to a copy of the Ombudsman’s resolution directing the filing of forfeiture case
Respondent cannot invoke the defense of prescription
Meting out the penalty of dismissal is beyond the court’s jurisdiction
But, official found to have acquired amassed property manifestly out of proportion to his salary shall be dismissed under RA 3019
The Sol Gen, now Ombudsman, may grant immunity from criminal prosecution to a person who testifies to the unlawful manner of property acquisition