Amending Sec. 6 of R.A. No. 1379 (Forfeiture Law)

: : Senate offee of the suretarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUG -7 P6:10 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1149 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.

: Senate turn office of the eiretary TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) 25 AUG -7 P6:10 First Regular Session RECEIVED BY: SENATE Senate Bill No. 1149 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:

SECTION 1. Section 6 of Republic Act No. 1379 is hereby amended to read

2 as follows: "Section 6. 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 THIRTY PERCENT (30%) OF THE VALUE OF SUCH PROPERTY FORFEITED IN A FINAL AND EXECUTORY ORDER OF THE COURT SHALL BE EARMARKED AS ADDITIONAL FUNDING IN FAVOR OF THE OFFICE OF THE OMBUDSMAN: PROVIDED, FURTHER, THAT IF THE PROPERTY IS NOT IN CASH,

THE PROPERTY SHALL BE SOLD AT A PUBLIC AUCTION AND THE PROCEEDS THEREOF, AFTER DEDUCTING THE THIRTY PERCENT (30%) SHARE OF THE OFFICE OF THE OMBUDSMAN AS PROVIDED HEREIN, SHALL ACCRUE TO THE GENERAL FUND: PROVIDED, FINALLY, THAT no judgment shall be rendered within six months before any general election or within three months befare any special election. The Court may, in addition, refer this case to the corresponding Executive Department for administrative or criminal action, or both."

SEC. 2. Section 12 of Republic Act No. 1379 is hereby amended to read as

follows: "Section 12. 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 with imprisonment for a term not exceeding five years, or a fine not exceeding [ten thousand pesos] TEN MILLION PESOS, or both such imprisonment and fine. The same repression shall be imposed upon any person who shall knowingly accept such transfer or conveyance."

SEC 3. Implementing Rules and Regulations, - Within sixty (60)

days from the effectivity of this Act, the Office of the Ombudsman, in consultation with relevant stakeholders and other concerned government agencies, shall issue the rules and regulations for the effective implementation of this Act.

SEC. 4. Separability Clause. - If any portion or provision of this Act is

declared unconstitutional, the remainder hereof or any provisions not affected thereby shall remain in force and effect.

SEC. 5. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, rule, or regulation inconsistent with the provisions of this Act is hereby repealed or modified accordingly.

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SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in a newspaper of general circulation. Approved,