i>rtllf.h> 
SIXTEENTH CONGRESS OF THE 
) 
(@Hln' tJf Hl'~ ;~'f-,!'t~t:rHV 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'13 
JUL 30 P 2 :54 
SENATE 
, 
__________ 
S_' N_o_.~~~1_-_1_=6-~_2= _____ 
I_Z _t_' _t_' _H_'t\ 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Asset forfeiture is an acknowledged potent tool for recovering the proceeds and instrumentalities 
of corruption. Recovery of properties acquired through illegal activities deters public officials 
from indulging in corrupt and primitive accumulation of wealth. In cognizance of the 
aforementioned significance of assets forfeiture, Republic Act No. 1379 which provides for a 
legal framework for the seizure and forfeiture of illicit assets was passed into law. Nonetheless, 
there is an urgent need to expedite asset seizure thereby maximizing its efficacy. 
This measure seeks to strengthen RA 1379 by (1) granting greater authority and power to the 
Office of the Ombudsman to combat corruption through the exercise of forfeiture of assets 
illegally acquired by public officials; and (2) providing for a more timely mechanism on the 
same. Moreover, this measure seeks to increase the penalties against erring public officials. 
Further, this measure seeks to put forward the following amendments to RA 1379: 
J) SEC. 3.PRESUMPTION: Failure of a Public officer or employee to file a Statement of 
Assets and Liabilities and Net Worth pursuant to Section 8 of R.A. 67 J 3 within thirty days 
from date of assumption to office shall be prima facie evidence that said public officer or 
employee has no property, asset or business interest to declare at the beginning of his/her 
service. 
2) SEC. 4.PRlMA FACIE UNLAWFULLY ACQUIRED PROPERTY: Whenever any public 
office or employee has acquired during his incumbency amount of property which is 
manifestly out of proportion to his salary as such public officer or employee and to his 
other lawfol income and the income from legitimately acquired property sources, said 
property shall be presumed prima facie to have been unlawfolly acquired. 
3) SEC. 5. FREEZE ORDER: IVhen it appears upon the filing of the complaint provided for 
under section 2 of this Act that an unlaw folly acquired property or properties exist as 
defined under Section 4 herein, the Ombudsman may, motu propio or upon motion of the 
complainant, issue a freeze order on the aforesaid property or properties which will be 
valid for not more than three (3) months. 
This measure was filed by Senator Juan Miguel Zubiri and Representative Roilo Golez during 
the 15th Congress but failed to be enacted into law. It is hoped that finally, with its passage, 
justice will be swiftly served against public officials who have stolen state funds and undermined 
public trust, and the culture of kleptocracy is exterminated. In view of the foregoing, immediate 
approval of this measure is earnestly sought. 
AN 
'F .. R1LLANES IV 
Senator 
1 


!&r:nntf 
SIXTEENTH CONGRESS OF THE 
) 
{lijH,;, Df til' ,;;"'ritt~'u 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
) 
'13 JUL30 r 2 :55 
SENATE 
1162 
s. NO. _-==-_ 
HEn.x·"; !\Y:+ . 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
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" 
Be it enacted by the Senate and House of Representatives of Philippines in Congress assembled.' 
SECTION 1. Section 2 ofR.A. No. 1379 is hereby amended to read as follows: 
"SEC. 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] OFFICE OF THE 
OMBUDSMAN, MOTU PROPRIO OR upon VERIFIED complaint by 
any [taxpayer to the city or provincial fiscal who] PERSON shall conduct 
aN [previous] inquiry similar to preliminary investigations in criminal 
cases TO DETERMINE IF [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. IT [,j 
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] WITH THE 
SANDIGANBAYAN OR THE APPROPRIATE REGIONAL TRIAL 
COURT where said public officer [or employee] resides or holds office, a 
petition for a writ commanding said officer or employee to show cause 
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why the property aforesaid, or any part thereof, should not be declared 
property of the State: Provided, That no such petition shall be filed 
AGAINST A CANDIDATE wifuin THE ELECTION PERIOD FOR 
WHICH HEISHE IS SEEKING ELECTORAL OFFICE [one year 
before any general election or within three months before any special 
election). 
The resignation, dismissal or separation of the officer or employee 
from his office or employment in the Govermnent or in the Govermnent-
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 office 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]." 
SEC 2. Insert new Sections 3, 4, and 5 to RA. No. 1379, to read as follows: 
"SEC. 3. PRESUMPTION. -
FAILURE OF A PUBLIC 
OFFICER OR EMPLOYEE TO FILE A STATEMENT OF ASSETS 
AND LIABILITIES AND NETWORTH PURSUANT TO SECTION 
8 OF RA. 6713 WITHIN THIRTY DAYS FROM DATE OF 
ASSUMPTION TO 
OFFICE 
SHALL BE PRIMA 
FACIE 
EVIDENCE THAT SAID PUBLIC OFFICER OR EMPLOYEE HAS 
NO PROPERTY, ASSET OR BUSINESS INTEREST TO DECLARE 
AT THE BEGINNING OF HISIHER PUBLIC SERVICE. 
SEC. 4. PRIMA FACIE UNLAWFULLY ACQUIRED PROPERTY. -
WHENEVER ANY PUBLIC OFFICER OR EMPLOYEE HAS 
ACQUIRED 
DURING 
HIS 
INCUMBENCY 
AMOUNT 
OF 
PROPERTYWHICH IS MANIFESTLY OUT OF PROPORTION 
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TO HIS SALARY AS SUCH PUBLIC OFFICER OR EMPLOYEE 
AND TO HIS OTHER LAWFUL INCOME AND THE INCOME 
FROM LEGITIMATELYACQUIRED 
PROPERTY SOURCES, 
SAID PROPERTY SHALL BE PRESUMED PRIMA FACIE TO 
HAVE BEEN UNLAWFULLYACQUIRED. 
SEC. 5. FREEZE ORDER. - WHEN IT APPEARS UPON THE 
FILING OF THE COMPLAINT PROVIDED FOR UNDER 
SECTION 2 OF THIS ACT THAT AN UNLAWFULLY ACQUIRED 
PROPERTY OR PROPERTIES EXIST AS DEFINED IN SECTION 
4 HEREIN, THE OMBUDSMAN MAY, MOTU PROPRIO OR 
UPON MOTION OF THE COMPLAINANt, ISSUE A FREEZE 
ORDER ON THE AFORESAID PROPERTY OR PROPERTIES 
WHICH WILL BE VALID FOR NOT MORE THAN SIX (6) 
MONTHS." 
SEC 3. Section 3 ofRA No. 1379 is hereby renumbered to Section 6. 
SEC. 4. Section 4 ofR.A. No. 1379 is hereby amended to read as follows: 
"SEC. [4] 7. Period TO [for the] answer PETITION. - The 
respondent shall have a period of fifteen days FROM NOTICE within 
which to present his answer. " 
SEC. 5. Section 5 ofRA. No. 1379 is hereby renumbered to Section 8. 
SEC. 6. Section 6 ofRA. No. 1379 is hereby amended to read as follows: 
"SEC. [6] 9. 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 
3 


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. 7. Section 7 ofR.A. No. 1379 is hereby amended to read as follows: 
"SEC. [7]10. Appeal. - The parties may appeal from the judgment 
of the SANDIGANBAYAN OR THE REGIONAL TRIAL COURT 
[Court of First Instance] as provided in the Rules of Court for appeals in 
ci vi! cases." 
SEC. 8. Section 9 ofR.A. No. 1379 is hereby amended to read as follows: 
. 
mmum. 
"SEC. 
[9] 
12 
1 
'ty 
The 
[Solicitor 
General] 
OMBUDSMAN 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." 
SEC. 9. Section 10 ofRA 1379 is hereby amended to read as follows: 
"SEC. [10] 13. 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 EIGHT [six] ofthis Act." 
SEC. 10. Section 11 ofRA 1379 is hereby renumbered to Section 14. 
SEC. 11. Section 12 ofRA 1379 is hereby amended to read as follows: 
4 


.' . 
"SEC. [12] 15. 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] PENALIZED with imprisonment 
for a tenn OF not LESS THAN SIX [exceeding five] years AND ONE 
DAY BUT NOT MORE THAN FIFTEEN YEARS, [or a fine not 
exceeding ten thousand pesos, or both such imprisonment and fine] 
PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE, 
AND CONFISCATION OR " FORFEITURE IN FAVOR OF THE 
GOVERNMENT OF ANY PROHIBITED INTEREST. [The same 
repression shall be imposed upon any person who shall knowingly accept 
such transfer or conveyance.] 
THE SAME PENALTIES SHALL BE IMPOSED UPON ANY 
PERSON 
WHO 
SHALL 
KNOWINGLY 
ACCEPT 
SUCH 
UNLAWFUL TRANSFER OR CONVEYANCE. ANY SUCH 
CONVEYANCE SHALL BE VOID AB INITIO. " 
SEC. 12. Rules and Regulation. - The Ombudsman shall issue within ninety (90) days 
after the approval of this Act, the necessary rules and regulation relating to the administrative 
aspects of the provisions of this Act. 
SEC. 13. Separability Clause. - If for any reason, any section or provision of this Act is 
declared to be unconstitutional or invalid, the other sections or provisions hereof which are not 
affected thereby shall continue to be in full force and effect. 
SEC. 14. Repealing Clause. - All laws, decrees, orders or rules and regulations, and 
other issuances which are inconsistent with the provisions of this Act are hereby repealed, 
amended or modified accordingly. 
SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days after its publication in 
two national newspapers of general' circulation .. 
Approved, 
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