EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
Ci lije
SENATE 
S. No. 148.c)
Introduced by Senator Grace Poe
AN ACT
PENALIZING THE ILLICIT ENRICHMENT OF PUBLIC OFFICIALS AND 
EMPLOYEES FOR ACQUISITION OF PROPERTIES THROUGH UNLAWFUL 
MEANS
Explanatory Note
Transparency and accountability are two major principles of the 1987 
Philippine Constitution. As expressly declared:
• 
Article II, Section 27 (State Policies and Declaration of Principles) guarantees, 
"The State shall maintain honesty and integrity in the public service and take 
positive and effective measures against graft and corruption."
• 
Article XI, Section I (Accountability of Public Officers) mandates, "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."
The State has a right to recover from public officials or employees, as well as 
their transferees or nominees, properties which were not lawfully acquired by them. 
Republic Act (R.A.) No. 1379 aims to enforce this right of the State.
However, while R.A. No. 1379 provides a procedure for forfeiture to be 
followed when said public officials or employees amass, accumulate, or acquire 
unexplained wealth, and imposes upon them the penalty of forfeiture of the 
properties unlawfully acquired, said law does not criminalize their acts of unlawful 
acquisition of said properties. Actions brought under R.A. No. 1379 are classified as 
civil actions in rem directed at the assets illegally acquired, and do not pass upon the 
criminal liability of the public officer or employee who acquired them. Thus, even if 
an economic penalty is imposed and the further use of the properties seized is 
prevented, said public official or employees remains, in the eyes of the law, not 
guilty of any crime, and is not made to suffer any penalty.


With the enactment of this bill into law, an effective deterrent will be set up 
against the acquisition of public officers and employees of ill-gotten wealth. The 
criminalization of illicit enrichment will add more "teeth" to the law, because the 
threat of imprisonment and payment of fines will dissuade public officers and 
employees from amassing wealth at the expense of the public.
GRACE POE


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
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SENATE
S. No. 1485
RECEIVED BV:
Introduced by Senator Grace Poe
AN ACT
PENALIZING THE ILLICIT ENRICHMENT OF PUBLIC OFFICIALS AND 
EMPLOYEES FOR ACQUISITION OF PROPERTIES THROUGH UNLAWFUL 
MEANS
Be it enacted by the Senate and House of Representatives of Philippines in Congress 
assembled:
1 
Section 1. Declaration of Policy. - It is the declared policy of the State that
2 
public office is a public trust. Public officers and employees must, at all times, be
3 
accountable to the people and serve them with utmost responsibility and integrity.
4 
Sec. 2. Definition of Terms. - As used in this Act, the following words and
5 
phrases shall mean:
6 
A. Legitimately-acquired property means any real or personal property, money,
7 
salary, business interest or securities which the public officer or employee
8 
has, at any time, acquired by sale, donation, inheritance or other mode of
9 
acquisition before becoming a public officer or employee, or any property
10 
already pertaining to him when he qualified for public office or employment,
11 
and the income or fruits from said properties. It shall not include:
12 
1. Property unlawfully acquired by the public officer or employee but its
13 
ownership is concealed or recorded in the name of, or held by, the
14 
public officer or employee's spouse, ascendants, descendants,
15 
relatives, or any other person;
16 
2. Property unlawfully acquired by the public officer or employee but
17 
transferred by him to another person or persons.


1 
B. Unlawful acquisition shall refer to the acquisition by a pubiic officer or
2 
empioyee of funds or property which is manifestly out of proportion to his
3 
salary as such pubiic officer or employee and to his other lawful income and
4 
the income from legitimately acquired property. It shall also include those
5 
properties which are not legitimately acquired as defined under paragraph
6 
(a) of this Section.
7 
Sec. 3. Unlawful Acquisition of Property. -It shall be unlawful for any public
8 
officer or employee to directly or indirectly acquire, possess, receive, use, benefit, or
9 
otherwise enjoy, real or personal properties, money, assets, business interests, or
10 
securities, within or outside of the Philippines, which amount is manifestly out of
11 
proportion to his salary as such public officer or employee and to his other lawful
12 
income and the income from legitimately acquired property. It shall also be unlawful
13 
to knowingly acquire properties which are not legitimately acquired as defined under
14 
paragraph (a) of the preceding Section. It shall also be unlawful for any public
15 
officer or employee to transfer or convey, directly or indirectly, any interest in said
16 
properties to another person or entity. Such transfer or conveyance shall be void ab
17 
Initio.
18 
Sec. 4. Prohibition on Private Individuals. - It shall be unlawful for any private
19 
individual to directly or indirectly acquire, possess, receive, use, benefit, or otherwise
20 
enjoy, real or personal properties, money, assets, and securities, within or outside of
21 
the Philippines, from a public officer or employee knowing the same to have been
22 
illegally acquired by the latter.
23 
Sec. 5. Prima Fade Presumptions. - (1) Whenever any public officer or
24 
employee has acquired during his incumbency funds or properties which are
25 
manifestly out of proportion to his salary as such public officer or employee, and to
26 
his other lawful income and the income from legitimately acquired property, said
27 
funds or properties shall be presumed prima facie to have been unlawfully acquired.
28 
(2) Failure of a public officer or employee to file a Statement of Assets,
29 
Liabilities and Net Worth within the period prescribed by law from date of
30 
assumption to office shall be prima fade evidence that said public officer or
31 
employee has no property, asset or business interest to declare at the beginning of
32 
his public service or without prejudice to the penalties that may be imposed under


1 
the law. The failure to file a Statement of Assets, Liabilities and Net Worth for any
2 
particular year after assumption to office shaii be prima facie evidence that the
3 
pubiic officer or empioyee has no other information to deciare outside of his
4 
deciaration in his prior submissions without prejudice to any iiabiiities that may have
5 
been incurred under existing laws.
6 
Sec. 6. Penalties. - Any public officer or empioyee who shaii iilegally enrich
7 
himself through the unlawful acquisition of the properties above-mentioned shall be
8 
penalized with imprisonment of not less than six years and one day but not more
9 
than twelve years, or a fine not exceeding twice the amount of the property iilegaliy
10 
acquired, or both such imprisonment and fine, perpetual absolute disqualification
11 
from pubiic office, and confiscation or forfeiture in favor of the government of the
12 
unlawfully acquired properties.
13 
The penalty of imprisonment for not less than one year and one day to not
14 
more than six (6) years, or a fine not exceeding twice the amount of the property
15 
conveyed or transferred, shall be imposed upon any private individual who shall
16 
knowingly acquire, possess, receive, use, benefit from, or otherwise enjoy,
17 
properties uniawfuliy acquired by any public officer or empioyee.
18 
Sec. 7. Separability Clause. - If for any reason, any section or provision of this
19 
Act is declared to be unconstitutional or invalid, the other sections or provisions
20 
hereof which are not affected thereby shall continue to be in full force and effect.
21 
Sec. 8. Repealing Clause. - All laws, decrees, orders or rules and regulations
22 
and other issuances which are inconsistent with the provisions of this Act are hereby
23 
repealed, amended or modified accordingiy.
24 
Sec. 9. Effectivlty Clause. - This Act shall take effect fifteen (15) days after its
25 
complete publication in the Officiai Gazette or in at least two (2) national
26 
newspapers of general circulation, whichever comes eariier.
Approved,