FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__2905

EXPLANATORY NOTE

Article XI, Section 1 of the Constitution states:
“Public office is a public trust. Public officers and
employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice, and
lead modest lives.”

It is important for the government to maintain honesty and integrity in the
public service and to take positive and effective measures against graft and
corruption. In this regard, as early as June 18, 1955, Republic Act No. 1379
was enacted declaring forfeiture in favor of the State any property found to
have been unlawfully acquired by any public officer or employee.

The Office of the Ombudsman is mandated to act promptly on
complaints filed in any form or manner against officers or employees of the
Government, or of any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and enforce their administrative,
Civil and criminal liability in every case where the evidence warrants in order to
promote efficient service by the Govemment to the people. To help the Office
of the Ombudsman to perform its duties more efficiently, there is a need to
augment the fund appropriated to it

Hence, this bill declaring that 30% of the value of the property forfeited in
accordance with Republic Act No. 1379 shall be given to the Office of the
Ombudsman,

In view thereof, immediate approval of this Bill is sought.

RUFUS B. RODRIGUEZ

wn Lo JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

2905

House Bill No.

AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 1379, OTHERWISE
KNOWN AS THE FORFEITURE LAW, TO PROVIDE A_ FIXED
PERCENTAGE OF THE VALUE OF FORFEITED PROPERTIES IN
CORRUPTION CASES AS ADDITIONAL FUNDING FOR THE OFFICE OF
THE OMBUDSMAN AND FOR OTHER PURPOSES

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

SECTION 1. Sec. 6 of Republic Act No. 1379 is hereby amended to read
as follows:

“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 THIRTY PERCENT (30%)
OF THE VALUE OF SUCH PROPERTY FORFEITED IN A FINAL AND
EXECUTORY ORDER OF THE COURT SHALL BE EARMARKED AS
ADDITIONAL FUNDING IN FAVOR OF THE OFFICE OF THE
OMBUDSMAN; PROVIDED, FURTHER, THAT IF THE PROPERTY IS
NOT IN CASH IT SHALL BE SOLD AT PUBLIC AUCTION AND THE
PROCEEDS THEREOF, AFTER DEDUCTING THE THIRTY PERCENT
(30%) FOR THE OFFICE OF THE OMBUDSMAN, SHALL ACCRUE
TO THE GENERAL FUND. 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.”


SEC. 2. Separability Clause. - Any portion or provisions of this Act that
may be declared unconstitutional or invalid shall not have the effect of nullifying
other portions and provisions hereof as long as such remaining portions or
provisions can still subsist and be given effect in their entirety.

SEC. 3. Repealing Clause. - All laws, decrees, executive orders,
proclamations and administrative regulations, or any parts thereof inconsistent
herewith are hereby revoked, repealed or modified accordingly.

SEC. 4. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,