Last week, Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla categorically stated that the government will not only suing those involved in the flood control scandal but also seize their unlawfully acquired assets in favor of the government.
He revealed that motions for asset forfeiture are being prepared, particularly in the case of House Appropriations chair-turned-fugitive Elizaldy Co, whose two Forbes Park houses, the Midas Hotel and Casino, and even the swanky Misibis Bay Resort are being targeted.
Likely out of consideration are the Sunwest group of companies’ energy assets: the two hydroelectric power plants and 22 diesel gensets of Sunwest Water & Electricity Co. (SUWECO) currently supplying most of Catanduanes’ electricity requirement.
These power assets were acquired and established way before the flood control fund insertion controversy began roughly in 2022.
Of course, it could be argued that a similar infrastructure funding scheme – billions worth of dredging projects were implemented during the term of President Gloria Arroyo including about P1.2 billion in Catanduanes alone.
Records at the time showed that Co’s then fledgling construction company cornered most of the dredging contracts in Catanduanes, with the work consisting simply of using a bulldozer to clear river channels and moving the silt and earth to the banks.
All these were done, like the present flood control projects, without prior consultation with local governments and with disregard of dredging’s disastrous impact on the riverine environment especially the habitat of the “cabonbon” and other indigenous fishes.
But that was too long ago and the evidence has either disappeared or washed away by the occasional flooding brought by frequent typhoons.
The current controversy is a different thing altogether and the Marcos administration could likely gets its wish to see several sitting politicians, their favored contractors and their conspirators in the Department of Public Works and Highways (DPWH).
Enacted in 1955, Republic Act 1379 allows the Court to declare forfeiture in favor of the State any property deemed to have been unlawfully acquired by any public officer or employee, said property being manifestly our of proportion to his salary as public officer and other legitimate income sources.
The law also provides that the resignation, dismissal or separation of the officer or employee is not a bar to the filing of a forfeiture proceeding but it should be done within four years from the date of resignation, dismissal or separation.
Any taxpayer can file a complaint with the city or provincial fiscal (now prosecutor), who shall conduct the inquiry and certify to the Solicitor General that there is reasonable ground to believe that a violation of RA 1379 has been committed and the respondent is probably guilty thereof.
The OSG then files a petition with the court for the issuance of a writ commanding said officer or employee to show cause why the property in question or any part of it, should not be declared property of the State.
All the ordinary citizen needs to file with the prosecutor’s office is a complaint indicating the name and address of the respondent; the public office or employment he holds as well as other public offices previously held; the approximate amount of property he has acquired during his incumbency in his past and present offices and employments; a description of said property; and the total amount of his government salary and other proper earnings and incomes from legitimately acquired property.
The DILG secretary’s pronouncement on the use of the civil asset forfeiture law against the shameless proponents and implementors of the flood control scam, however, does not inspire confidence among the people desiring to see real action against corruption.
For, if the government would check its own records, it would most likely discover that RA 1379 has been largely unused in its 70 years of existence.
Because if it did, most of those who hold office today, from political dynasties in local governments to the newly wealthy contractors in the legislature, would have been squashed like bugs at the very start of their careers in politics.