[REPUBLIC ACT NO.

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
PROCEEDINGS THEREFOR.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

Section 1. Definitions. - (a) 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.

(b) "Other legitimately acquired property" means any real or personal property,
money or securities which the respondent has at any time acquired by inheritance and
the income thereof, or by gift inter vivos before his 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:

1. Property unlawfully acquired by the respondent, but its ownership is
concealed by its being recorded in the name of, or held by, the respondent's
spouse, ascendants, descendants, relatives, or any other person.
2. Property unlawfully acquired by the respondent, but transferred by him to
another person or persons on or after the effectivity of this Act.
3. Property donated to the respondent during his incumbency, unless he can
prove to the satisfaction of the court that the donation is lawful.

Section 2. Filing of petition. 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 and 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 Court of First
Instance 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:
Provided, That no such petition shall be filed within one year before any general election
or within three months before any special election.
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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 be a bar to the filing of the petition: Provided, however, That the right
to file such petition shall prescribe after four years from the date of the resignation,
dismissal or separation or expiration of the term of the officer or employee concerned,
except as to those who have ceased to hold office within ten years prior to the approval
of this Act, in which case the proceedings shall prescribe after four years from the
approval hereof.

Section 3. The petition. The petition shall contain the following information:
(a) The name and address of the respondent.
(b) The public office or employment he holds and such other public offices or
employment which he has previously held.
(c) The approximate amount of property he has acquired during his incumbency
in his past and present offices and employments.
(d) A description of said property, or such thereof as has been identified by the
Solicitor General.
(e) The total amount of his government salary and other proper earnings and
incomes from legitimately acquired property, and
(f) Such other information as may enable the court to determine whether or not
the respondent has unlawfully acquired property during his incumbency.

Section 4. Period for the answer. The respondent shall have a period of
fifteen (15) days within which to present his answer.

Section 5. Hearing. The Court shall set a date for a hearing, which may be
open to the public, and during which the respondent shall be given ample opportunity
to explain, to the satisfaction of the court, how he has acquired the property in question.

Section 6. Judgment. If the respondent is unable to show to the satisfaction of
the court that he has lawfully acquired the property in question, then the court shall
declare such property, forfeited in favor of the State, and by virtue of such judgment the
property aforesaid shall become property of the State: Provided, That no judgment shall
be rendered within six months before any general election or within three 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.

Section 7. Appeal. The parties may appeal from the judgment of the Court of
First Instance as provided in the Rules of Court for appeals in civil cases.

Section 8. Protection against self-incrimination. Neither the respondent
nor any other person shall be excused from attending and testifying or from producing
books, papers, correspondence, memoranda and other records on the ground that the
testimony or evidence, documentary or otherwise, required of him may tend to
incriminate him or subject him to prosecution; but no individual shall be prosecuted
criminally for or on account of any transaction, matter or thing concerning which he is
compelled, after having claimed his privilege against self-incrimination, to testify or
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produce evidence, documentary or otherwise, except that such individual so testifying
shall not be exempt from prosecution and conviction for perjury or false testimony
committed in so testifying or from administrative proceedings.

Section 9. Immunity. The Solicitor General may grant immunity from
criminal prosecution to any person who testifies to the unlawful manner in which the
respondent has acquired any of the property in question in cases where such testimony
is necessary to prove violations of this Act.

Section 10. Effect of record of title. The fact that any real property has been
recorded in the Registry of Property or office of the Register of Deeds in the name of the
respondent or of any person mentioned in paragraphs (1) and (2) of subsection (b) of
section one hereof shall not prevent the rendering of the judgment referred to in section
six of this Act.

Section 11. Laws on prescription. The laws concerning acquisitive
prescription and limitation of actions cannot be invoked by, nor shall they benefit the
respondent, in respect of any property unlawfully acquired by him.

Section 12. Penalties. Any public officer or employee who shall, after the
effective date of this Act, transfer or convey any unlawfully acquired property shall be
repressed with imprisonment for a term not exceeding five years, or a fine not exceeding
ten thousand pesos, or both such imprisonment and fine. The same repression shall be
imposed upon any person who shall knowingly accept such transfer or conveyance.

Section 13. Separability of provisions. If any provision of this Act or the
application thereof to any person or circumstance, is held invalid, the remainder of the
Act and the application of such provision to other persons or circumstances shall not be
affected thereby.

Section 14. Effective date. This Act shall take effect on its approval, and shall
apply not only to property thereafter unlawfully acquired but also to property
unlawfully acquired before the effective date of this Act.

Approved: June 18, 1955

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