NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
of tl)f
First Regular Session
SEN
S. No.
RECEIVED BY;
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 espoused by the 1987 
Philippine Constitution. As expressly declared:
• 
Article II, Section 27 on 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 on 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.
This measure reiterates that transparency and accountability are to be held with 
higher standards In public service. In view of the foregoing, the immediate passage 
of this bill is earnestly sought.
GRACE POE


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
&cwatf
of tl)?
F/rst Regular Session
SEN
S. No.
RECEIVED BY;
Introduced by Senator Grace Poe
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 Poiicy. - 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:
5 
(a) Legitimately-acquired property means any real or personal property,
6 
money, salary, business interest or securities which the public officer or
7 
employee has, at any time, acquired by sale, donation, inheritance or other
8 
mode of acquisition before becoming a public officer or employee, or any
9 
property already pertaining to him when he qualified for public office or
10 
employment, and the income or fruits from said properties. It shall not
11 
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; or
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 public officer or
2 
employee of funds or property which is manifestly out of proportion to his
3 
salary as such public 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, and to transfer or convey, directly or
15 
indirectly, any interest In said properties to other person or entity. Such transfer or
16 
conveyance shall be voidab initio.
17 
Sec. 4. Prohibition on Private Individuals. - It shall be unlawful for any private
18 
individual to directly or indirectly acquire, possess, receive, use, benefit, or otherwise
19 
enjoy, real or personal properties, money, assets, and securities, within or outside of
20 
the Philippines, from a public officer or employee knowing the same to have been
21 
illegally acquired by the latter.
22 
Sec. 5. Prima Facie Presumptions. -
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(1) Whenever any public officer or employee has acquired, during his
24 
incumbency, funds or properties which are manifestly out of proportion to his salary
25 
as such public officer or employee, and to his other lawful Income and the income
26 
from legitimately acquired property, said funds or properties shall be presumed
27 
prima facie Xo have been unlawfully acquired.
28 
(2) Failure of a public officer or employee to file a Statement of Assets,
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Liabilities and Net Worth within the period prescribed by law from date of
30 
assumption to office shall be prima facie evidence that said public officer or
31 
employee has no property, asset or business interest to declare at the beginning of
32 
his public semce 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 shall be prima facie evidence that the
3 
public officer or employee has no other information to declare outside of his
4 
declaration in his prior submissions without prejudice to any liabilities that may have
5 
been incurred under existing laws.
6 
Sec. 6. Penalties. - Any public officer or employee who shall illegally 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 illegally
10 
acquired, or both such Imprisonment and fine, perpetual absolute disqualification
11 
from public 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 (1) year and one day to
14 
not more than six (6) years, or a fine not exceeding twice the amount of the
15 
property conveyed or transferred, shall be imposed upon any private individual who
16 
shall knowingly acquire, possess, receive, use, benefit from, or otherwise enjoy,
17 
properties unlawfully acquired by any public officer or employee.
18 
Sec. 7. Separability Clause. - If for any reason, any section or provision of
19 
this 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 accordingly.
24 
Sec. 9. Effectivity. - This Act shall take effect fifteen (15) days after Its
25 
complete publication in the Official Gazette or in a newspapers of general circulation,
26 
whichever comes earlier.
Approved,