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 persons 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 naturei.e.,
Respondents are
protected from selfincrimination

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 nondisclosure & 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 Ombudsmans resolution
directing the filing of forfeiture case
Respondent cannot invoke the
defense of prescription

Meting out the penalty of dismissal

is beyond the courts 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