lei. ^enau'
TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
Senate Bill No. 1149
of tl)f #•< i
25 AUG-7 P6:10
RECEIVED BY:
Introduced by Senator JOEL VILLANUEVA
AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 1379, OTHERWISE 
KNOWN AS "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" AND FOR 
OTHER PURPOSES
EXPLANATORY NOTE
Article XI, Section 1 of the Constitution declares that "Public office is a public 
trust" This fundamental principle demands that those in public service be held fully 
accountable for any abuse of office, including the unlawful accumulation of wealth.
Corruption continues to be one of the gravest threats to governance, public trust, 
and equitable development in the Philippines. Despite the existence of laws meant to 
deter and punish the unlawful enrichment of public officials, legal and procedural 
barriers, such as prescription periods, have hindered the State's efforts to recover ill- 
gotten wealth.
Republic Act No. 1379 allows the State to forfeit properties unlawfully acquired 
by public officials. However, under current jurisprudence, a 15-year prescriptive period 
applies to such forfeiture cases. This has allowed some officials to evade accountability 
by delaying investigations or hiding their assets until the period lapses.
This bill seeks to amend Section 6 of Republic Act No. 1379 to make it clear that 
forfeiture cases are imprescriptible. This means the State can recover ill-gotten wealth 
at any time, regardless of when it was acquired. This amendment aligns with the 
inherent public nature of these cases, where the overriding interest is to recover 
property that rightfully belongs to the Filipino people.


The bill also amends the penalty provision under Section 6 by increasing the 
maximum fine from ten thousand pesos to ten million pesos. The higher penalty 
reflects the seriousness of the offense and is intended to provide a stronger deterrent 
against attempts to conceal or launder ill-gotten wealth.
The proposed amendments strengthen the hand of the State in its fight against 
corruption, reinforces public accountability, and ensures that public office is never 
used for private gain with impunity.
In view of the foregoing, the immediate passage of this bill is earnestly sought.
jo^^^lanuevaQ1


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
of tljf #<■ <rftarj»
25 AUG-7 P6:10
SENATE
Senate Bill No. 1149
Rl.CEIVED BY:
Introduced by Senator JOEL VILLANUEVA
AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 1379, OTHERWISE 
KNOWN AS "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" AND FOR 
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
SECTION 1. Section 6 of Republic Act No. 1379 is hereby amended to read
2 
as follows:
3 
"Section 6. Judgment - If the respondent is unable to show
4 
to the satisfaction of the court that he has lawfully acquired
5 
the property in question, then the court shall declare such
6 
property, forfeited in favor of the State, and by virtue of such
7 
judgment the property aforesaid shall become property of the
8 
State: Provided, That THIRTY PERCENT (30%) OF THE
9 
VALUE OF SUCH PROPERTY FORFEITED IN A FINAL
10 
AND EXECUTORY ORDER OF THE COURT SHALL BE
11 
EARMARKED AS ADDITIONAL FUNDING IN FAVOR OF
12 
THE OFFICE OF THE OMBUDSMAN: PROVIDED,
13 
FURTHER, THAT IF THE PROPERTY IS NOT IN CASH,
1


1 
THE PROPERTY SHALL BE SOLD AT A PUBLIC AUCTION
2 
AND THE PROCEEDS THEREOF, AFTER DEDUCTING
3 
THE THIRTY PERCENT (30%) SHARE OF THE OFFICE
4 
OF THE OMBUDSMAN AS PROVIDED HEREIN, SHALL
5 
ACCRUE TO THE GENERAL FUND: PROVIDED, FINALL Y,
6 
THAT no judgment shall be rendered within six months before
7 
any general election or within three months before any special
8 
election. The Court may, in addition, refer this case to the
9 
corresponding Executive Department for administrative or
10 
criminal action, or both."
11 
SEC. 2. Section 12 of Republic Act No. 1379 is hereby amended to read as
12 
follows:
13 
"Section 12. Penalties. - Any public officer or employee who
14 
shall, after the effective date of this Act, transfer or convey
15 
any unlawfully acquired property shall be repressed with
16 
imprisonment for a term not exceeding five years, or a fine
17 
not exceeding [ton-thousand pesos] TEN MILLION PESOS,
18 
or both such imprisonment and fine. The same repression shall
19 
be imposed upon any person who shall knowingly accept such
20 
transfer or conveyance."
21 
SEC 3. Implementing Rules and Regulations. - Within sixty (60)
22 
days from the effectivity of this Act, the Office of the Ombudsman, in
23 
consultation with relevant stakeholders and other concerned government
24 
agencies, shall issue the rules and regulations for the effective implementation
25 
of this Act.
26 
SEC. 4. Separability Clause. - If any portion or provision of this Act is
27 
declared unconstitutional, the remainder hereof or any provisions not affected
28 
thereby shall remain in force and effect.
29 
SEC. 5. Repealing Clause. - Any law, presidential decree or issuance,
30 
executive order, letter of instruction, rule, or regulation inconsistent with the
31 
provisions of this Act is hereby repealed or modified accordingly.


1 
SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
2 
complete publication in the Official Gazette or in a newspaper of general
3 
circulation.
Approved,