Up until now, the entire Filipino population is still following the investigation of the inexistent and anomalous flood control projects and the billion peso corruption that they represent. From the recently surfaced video recordings of the former Speaker of the House to the arrest of several high ranking officials allegedly involved in the said blunder, Filipinos are abjectly praying that the people responsible be prosecuted and be meted out with the appropriate penalty.
In addition, Filipinos are also hoping that the nation’s wealth purportedly stolen by these greedy government official will be returned to the treasury and ultimately used and allotted for the welfare of our dear nation and countrymen.
With that, one may ask what law shall govern the recovery of any wealth, money, and property that have been unlawfully or illegally acquired by corrupt public officials and employees. The answer is Republic Act No. 1379, or 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 Proceedings Therefor.
Section 1 of Republic Act No. 1379 provides that, for the purposes of this Act, a “public officer or employee” means any person holding any public office or employment by virtue of an appointment, election or contract, and any person holding any office or employment by appointment or contract in any State-owned or controlled corporation or enterprise.
While “Other legitimately acquired property” means any real or personal property, money, or securities which the respondent has acquired at any time by inheritance and the income thereof, or by gift inter vivos before becoming a public officer or employee, or any property (or income thereof) already pertaining to him when he qualified for public office or employment, or the fruits and income of the exclusive property of the respondent’s spouse.
It shall not include:
- Property unlawfully acquired by the respondent but its ownership is concealed by being recorded in the name of, or held by, the respondent’s spouse, ascendants, descendants, relatives, or any other person.
- Property unlawfully acquired by the respondent but transferred by him to another person on or after the effectivity of this Act.
- Property donated to the respondent during his incumbency, unless he can prove to the satisfaction of the court that the donation is lawful.[1]
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 other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired. The Solicitor General, upon complaint by any taxpayer to the city or provincial fiscal who shall conduct a previous inquiry similar to preliminary investigations in criminal cases, shall certify to the Solicitor General that there is reasonable ground to believe that there has been committed a violation of this Act and the respondent is probably guilty thereof, shall file, in the name and on behalf of the Republic of the Philippines, in the Regional Trial Court of the city or province where said public officer or employee resides or holds office, a petition for a writ commanding said officer or employee to show cause why the property aforesaid, or any part thereof, should not be declared property of the State. However, no such petition shall be filed within one (1) year before any general election or within three (3) months before any special election. (Section 2 of RA 1379)
The resignation, dismissal or separation of the officer or employee from his office or employment in the Government or in the Government-owned or controlled corporation shall not bar the filing of the petition: Provided, however, that the right to file such petition shall prescribe after four (4) years from the date of the resignation, dismissal, or separation, or expiration of the term of the office or employee concerned.
If the respondent is unable to show to the satisfaction of the court that he has lawfully acquired the property in question, the court then shall declare such property forfeited in favor of the State, and by virtue of such judgment the property shall become property of the State: Provided, that no judgment shall be rendered within six (6) months before any general election or within three (3) months before any special election. The Court may, in addition, refer this case to the corresponding Executive Department for administrative or criminal action, or both.
[1] Idem