SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINESS 
Second Regular Session 
SENATE 
S.B. 2347 
Introduced by Senator Poe 
AN ACT 
STRENGTHENING THE FORFEITURE POWERS OF THE STATE, AMENDING FOR 
THE PURPOSE CERTAIN PROVISIONS 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" 
EXPLANATORY NOTE 
The State has a right to recover from public officials or employees, including their 
transferees or nominees, properties which were not lawfully acquired by them. Republic Act 
(R.A.) No. 1379 aims to enforce this right ofthe State. 
However, due to modern methods and sophisticated means being employed by corrupt 
public officials and employees, they are able to spirit away unlawfully acquired properties within 
increasingly short periods of time, and out of the State's reach. There is, therefore, a need to 
amend certain provisions of the law in order for the State to be fully effective in recovering 
assets stolen by public officials and employees. The Office of the Ombudsman, as the chief 
enforcer of R.A. No. 1379, must likewise keep in step with unscrupulous public officers and 
employees and arm itself with the necessary powers to run after their ill-gotten wealth. 
With the enactment of this bill into law, an effective deterrent will be set up to prevent 
public officials or employees from concealing, destroying or dissipating their unlawfully 
acquired properties, thereby safeguarding the interests of the State in the recovery of assets that 
rightfully belong to the people. 
~~ 
7J(J-R. 
rCEP6E 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINESS 
Second Regular Session 
SENATE 
s. 8.2347 
Introduced by Senator Poe 
AN ACT 
'14 
AUG -"/ AlO:l 0 
STRENGTHENING THE FORFEITURE POWERS OF THE STATE, AMENDING FOR 
THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 1379, OTHERWISE 
KNOWN AS "AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY 
PROPERTY FOUND TO HAVE BEEN UNLA WFULL Y 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: 
1 
SECTION 1. Section 1 (b) ofR.A. No. 1379 is hereby amended to read as follows: 
2 
3 
(B) "LEGALLY ACQUIRED PROPERTY" MEANS ANY REAL OR PERSONAL 
4 
PROPERTY, MONEY, OR SECURITIES WHICH THE PUBLIC OFFICER OR 
5 
EMPLOYEE HAS ACQUIRED FROM THE PROCEEDS OF HIS SALARY, BENEFITS 
6 
AND/OR OTHER EMOLUMENTS, AND/OR FROM OTHER LAWFUL INCOME 
7 
SUCH AS, BUT NOT LIMITED TO, BUSINESS INTERESTS. IT SHALL ALSO 
8 
INCLUDE REAL OR PERSONAL PROPERTY, MONEY OR SECURITIES WHICH 
9 
THE PUBLIC OFFICER OR EMPLOYEE HAS, AT ANY TIME, ACQUIRED BY 
10 
INHERITANCE, OR BY DONATION BEFORE HIS BECOMING A PUBLIC OFFICER 
11 
OR EMPLOYEE, OR ANY PROPERTY ALREADY PERTAINING TO HIM WHEN HE 
12 
QUALIFIED FOR PUBLIC OFFICE OR EMPLOYMENT, AND THE INCOME FROM 
13 
SAID PROPERTIES. 
14 
15 
SECTION 2. Insert new Section 1 (C) to R.A. No. 1379 to read as follows: 
16 
17 
(C) "ILLEGALLY ACQUIRED PROPERTY" SHALL REFER TO THE 
18 
PROPERTY NOT FALLING UNDER PARAGRAPH B OF THIS SECTION. IT ALSO 
19 
INCLUDES: 
20 
21 
a. PROPERTY UNLAWFULLY ACQUIRED BY THE RESPONDENT, BUT ITS 
22 
OWNERSHIP IS CONCEALED BY ITS BEING RECORDED IN THE NAME OF, OR 
23 
HELD BY, THE RESPONDENT'S SPOUSE, ASCENDANTS, DESCENDANTS, 
24 
RELATIVES, OR ANY OTHER PERSON EXCEPT IN THE FOLLOWING 
25 
INSTANCES: 
26 
27 
1) WHEN THE RESPONDENT'S SPOUSE, ASCENDANTS, DESCENDANTS, OR 
28 
ANY OTHER PERSON CAN PROVE THAT HE ACQUIRED SAID PROPERTY 
29 
FROM 
THE 
PROCEEDS 
OF 
HIS 
SALARY, 
BENEFITS 
AND/OR 
30 
EMOLUMENTS, OR FROM THE PROCEEDS OF HIS nUSINESS INTERESTS. 
31 
32 
2) WHEN THE RESPONDENT'S SPOUSE, ASCENDANTS, DESCENDANTS, OR 
33 
ANY OTHER PERSON CAN PROVE THAT THE PROPERTY WAS RECEIVED 


1 
THROUGH DONATION OR INHERITANCE FROM OTHER PERSONS 
2 
OTHER THAN RESPONDENT. 
3 
4 
b. PROPERTY UNLAWFULLY ACQUIRED BY THE RESPONDENT, BUT 
5 
TRANSFERRED BY HIM TO ANOTHER PERSON OR PERSONS. 
6 
7 
c. PROPERTY DONATED TO THE RESPONDENT DURING HIS INCUMBENCY, 
8 
UNLESS HE CAN PROVE THAT THE DONATION IS LAWFUL. 
9 
10 
SECTION 3. Section 2 ofR.A. No. 1379 is hereby amended to read as follows: 
11 
12 
"SEC. 2. Filing of petition. - Whenever any public officer or employee has acquired 
13 
during his incumbency an amount of property which is manifestly out of proportion to his 
14 
salary as such public officer or employee and to his other lawful income and the income from 
15 
[legitimately] LEGALLY acquired property, said property shall be presumed prima facie to 
16 
have been unlawfully acquired. The [Solicitor General] OFFICE OF THE OMBUDSMAN, 
17 
MOTU PROPIO OR upon VERIFIED complaint by any [taxpayer to the city or provincial 
18 
fiscal 
who] 
PERSON shall conduct [a previous inquiry] 
A FACT-FINDING 
19 
INVESTIGATION [similar to preliminary investigations in criminal cases] TO 
20 
DETERMINE IF [and shall certify to the Solicitor General that there is reasonable ground 
21 
to believe] THERE EXISTS PRIMA FACIE EVIDENCE THAT A PROPERTY HAS 
22 
BEEN UNLAWFULLY ACQUIRED [that there has been committed a violation of this Act 
23 
and the respondent is probably guilty thereof!. IT [,] shall file, in the name and on behalf of 
24 
the Republic of the Philippines, [in the Court of First Instance ofthe city or province] WITH 
25 
THE SANDIGANBAYAN OR THE APPROPRIATE REGIONAL TRIAL COURT 
26 
where said public officer or employee resides or holds office, a petition for a writ 
27 
commanding said officer or employee to show cause why the property aforesaid, or any part 
28 
thereof, should not be declared property of the State: Provided, That no such petition shall be 
29 
filed [within one year before any general election or within three months before any special 
30 
election] AGAINST A PUBLIC OFFICER OR EMPLOYEE WITHIN THE 
31 
ELECTION PERIOD". 
32 
33 
The resignation, dismissal or separation of the officer or employee from his office or 
34 
employment in the Government or in the Government-owned or controlled corporation shall 
35 
not be a bar to the filing of the petition. [Provided, however, That the right to file such 
36 
petition shall prescribe after four years from the date of resignation, dismissal or separation 
37 
or expiration of the term of the officer or employee concerned, except as to those who have 
38 
ceased to hold office within ten years prior to the approval of this Act, in which case the 
39 
proceedings shall prescribe after four years from the approval hereof.] 
40 
41 
SECTION 4. Insert new Sections 2-A and 2-B to R.A. No. 1379 to read as follows: 
42 
43 
SEC. 2-A. PRIMA FACIE PRESUMPTIONS.-
44 
45 
1) WHENEVER ANY PUBLIC OFFICER OR EMPLOYEE HAS ACQUIRED 
46 
DURING HIS INCUMBENCY PROPERTY OR PROPERTIES WHICH ARE 
47 
MANIFESTLY OUT OF PROPORTION TO HIS SALARY, AS SUCH PUBLIC 
48 
OFFICER OR EMPLOYEE, AND TO HIS OTHER LAWFUL INCOME, AND 
49 
THE 
INCOME 
FROM 
OTHER 
LEGALLY 
ACQUIRED 
50 
PROPERTY/PROPERTIES, SAID PROPERTY SHALL BE PRESUMED PRIMA 
51 
FACIE TO HAVE BEEN UNLAWFULLY ACQUIRED. 
52 
53 
2) FAILURE OF A PUBLIC OFFICER OR EMPLOYEE TO FILE A STATEMENT 
54 
OF ASSETS, LIABILITIES AND NETWORTH WITHIN THE PERIOD 
5S 
PRESCRIBED BY LAW FROM DATE OF ASSUMPTION TO OFFICE SHALL 
56 
BE PRIMA FACIE EVIDENCE THAT SAID PUBLIC OFFICER OR EMPLOYEE 


1 
HAS NO PROPERTY, ASSET OR BUSINESS INTEREST TO DECLARE AT 
2 
THE BEGINNING OF HIS PUBLIC SERVICE. 
3 
4 
3) FAILURE OF A PUBLIC OFFICER TO FILE A STATEMENT OF ASSETS, 
5 
LIABILITIES AND NET WORTH FOR ANY PARTICULAR YEAR AFTER 
6 
ASSUMPTION TO OFFICE SHALL BE PRIMA FACIE EVIDENCE THAT THE 
7 
PUBLIC OFFICER OR EMPLOYEE HAS NO OTHER INFORMATION TO 
8 
DECLARE OUTSIDE OF HIS DECLARATION IN HIS PRIO SUBMISSIONS, 
9 
WITHOUT PREJUDICE TO ANY LIABILITIES THAT MAY HAVE BEEN 
10 
INCURRED UNDER EXISTING LAWS. 
11 
12 
SEC. 2-B. ADVERSE CLAIM PRIOR TO FILING OF PETITION. - WHEN, 
13 
DURING OR AFTER THE FACT-FINDING INVESTIGATION OF THE OFFICE 
14 
OF THE OMBUDSMAN, IT APPEARS THAT THERE IS REASONABLE 
15 
GROUND TO BELIEVE THAT A PUBLIC OFFICER OR EMPLOYEE HAS 
16 
UNLAWFULLY ACQUIRED PROPERTY, THE SAID OFFICE, ON BEHALF OF 
17 
THE REPUBLIC OF THE PHILIPPINES, MAY FILE AN ADVERSE CLAIM IN 
18 
THE PROPER REGISTRY OF DEEDS, OR THE APPROPRIATE PUBLIC 
19 
REGISTRY, SETTING FORTH A DESCRIPTION OF THE PROPERTYIIES 
20 
COVERED BY THE FACT-FINDING INVESTIGATION, AND THE CLAIM OF 
21 
RIGHT OR INTEREST OF THE STATE THEREIN AS POSSIBLE SUBJECTS 
22 
OF FORFEITURE. 
23 
24 
SECTION 5. Section 4 ofR.A. No. 1379 is hereby amended to read as follows: 
25 
26 
"SEC. 4. Period TO {for the} answer PETITION. - The 24 respondent shall have 
27 
a period of fifteen days FROM NOTICE within which to [present] FILE his answer." 
28 
29 
SECTION 6. Insert new Section 5-A to R.A. No. 1379 to read as follows: 
30 
31 
SEC. 5-A. AUTHORITY TO SELL PENDING FORFEITURE PROCEEDING. - IN 
32 
CASE THERE IS DANGER OF 
DEPRECIATION TO THE VALUE OF THE 
33 
PERSONAL PROPERTY OR SPOILAGE IN CASE OF PERISHABLE PROPERTIES, 
34 
UPON MOTION FILED BY THE OFFICE OF THE OMBUDSMAN BEFORE THE 
35 
PROPER COURT, THE PERSONAL PROPERTY SUBJECT OF FORFEITURE MAY 
36 
BE SOLD AT PUBLIC AUCTION PENDING THE RESOLUTION OF THE 
37 
FORFEITURE PROCEEDING. THE PROCEEDS OF THE SALE AT PUBLIC 
38 
AUCTION SHALL BE HELD IN TRUST BY THE OFFICE OF THE OMBUDSMAN 
39 
UNTIL THE FORFEITURE PROCEEDING IS FINALLY RESOLVED. 
40 
41 
SECTION 7. Section 6 ofR.A. No. 1379 is hereby amended to read as follows: 
42 
43 
"SEC. 6. Judgment - If the respondent is unable to show to the satisfaction of the 
44 
court that he has lawfully acquired the property in question, then the court shall declare 
45 
such property I,] forfeited in favor of the State, and by virtue of such judgment the 
46 
property aforesaid shall become property of the State. Provided, THAT IF ANY 
47 
PROPERTY DECLARED FORFEITED IN FAVOR OF THE STATE HAD BEEN· 
48 
LOST, DESTROYED OR HAD DEPRECIATED IN VALUE, THE COURT MAY 
49 
INCLUDE A DISPOSITION IN THE JUDGMENT, OR ISSUE SUCH 
50 
SUPPLEMENTAL JUDGMENTS AS MAY BE NECESSARY, TO FORFEIT 
51 
SUCH FUNDS OR PROPERTIES OWNED BY THE RESPONDENT AS MAY BE 
52 
SUFFICIENT TO SATISFY THE STATE'S CLAIM, PROVIDED, FURTHER, 
53 
[That no judgment shall be rendered within six months before any general election or 
54 
within three months before any special election. The Court may, in addition, refer this 
55 
case to the corresponding Executive Department for administrative or criminal action, or 
56 
both.] THAT THIRTY-FIVE PERCENT (35%) OF THE VALUE OF SUCH 
57 
PROPERTY FORFEITED IN A FINAL AND EXECUTORY ORDER OF THE 


1 
COURT SHALL BE EARMARKED AS ADDITIONAL FUNDING FOR THE 
2 
OFFICE OF THE OMBUDSMAN; PROVIDED, FURTHER, THAT IF THE 
3 
PROPERTY IS NOT IN CASH, IT SHALL BE SOLD AT PUBLIC AUCTION 
4 
AND THE PROCEEDS THEREOF, AFTER DEDUCTING THE ALLOCATED 
5 
THIRTY-FIVE PERCENT (35%) FOR THE OFFICE OF THE OMBUDSMAN, 
6 
SHALL ACCRUE TO THE GENERAL FUND. 
7 
8 
SECTION 8. Section 7 ofR.A. No. 1379 is hereby amended to read as follows: 
9 
10 
"SEC. 7. Appeal. - The parties may appeal from the judgment of the [Court of 
11 
First 
Instance 
as] 
PROPER 
COURT 
FORFEITING 
THE 
12 
PROPERTY/PROPERTIES IN BEHALF OF THE STATE IN THE MANNER 
13 
provided in the Rules of Court for appeals in civil cases." 
14 
15 
SECTION 9. Section 9 ofR.A. No. 1379 is hereby amended to read as follows: 
16 
17 
"SEC. 9. Immunity. -
The [Solicitor General] OMBUDSMAN may grant 
18 
immunity from criminal prosecution to any person who testifies to the unlawful manner 
19 
in which the respondent has acquired any of the property in question in cases where such 
20 
testimony is necessary to prove violations of this Act." 
21 
22 
SECTION 10. Section 12 ofR.A. No. 1379 is hereby amended to read as follows: 
23 
24 
"SEC. 12. Penalties. - Any public officer or employee who shall, after the 
25 
effective date of this Act, transfer or convey any unlawfully acquired property shall be 
26 
[repressed] PENALIZED with imprisonment for a term [not exceeding five years] OF 
27 
NOT LESS THAN ONE YEAR AND ONE DAY BUT NOT MORE THAN SIX 
28 
YEARS, or a fine not exceeding [ten thousand pesos] TWICE THE AMOUNT OF 
29 
THE PROPERTY TRANSFERRED OR CONVEYED, or both such imprisonment 
30 
and fine, PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE, AND CONFISCATION 
31 
OR FORFEITURE IN FAVOR OF THE 8 GOVERNMENT OF ANY 
32 
PROHIBITED INTEREST. [The same repression shall be imposed upon any person who 
33 
shall knowingly accept such transfer or conveyance.] 
34 
35 
THE SAME PENALTIES SHALL BE IMPOSED UPON ANY PERSON 
36 
WHO SHALL KNOWINGLY ACCEPT SUCH UNLAWFUL TRANSFER OR 
37 
CONVEYANCE. ANY SUCH CONVEYANCE SHALL BE VOID AB INITIO." 
38 
39 
SECTION 11. Separability Clause. - If for any reason, any section or provision ofthis 
40 
Act is declared to be unconstitutional or invalid, the other sections or provisions hereof which are 
41 
not affected thereby shall continue to be in full force and effect. 
42 
43 
SECTION 12. Repealing Clause. - All laws, decrees, orders or rules and regulations and 
44 
other issuances which are inconsistent with the provisions of this Act are hereby repealed, 
45 
amended or modified accordingly. 
46 
47 
SECTION 13. Effectivity. - This Act shall take effect fifteen (15) days after its 
48 
publication in two (2) national newspapers of general circulation. 
49 
50 
Approved,