Strengthen law on recovery of ill-gotten wealth

A lawmaker has proposed to strengthen the powers of the State in the recovery of
ill-gotten wealth amassed by public officials or employees.
The House Committee on Revision of aws is in receipt of H! "#$% or &An Act
strengthening the forfeiture powers of the State' amending for the purpose certain
provisions of Republic Act (o. )$#*' otherwise known as +An Act declaring forfeiture in
favor of the State any property found to have been unlawfully ac,uired by any public
officer or employee and providing for the proceedings therefore.-.
&The proposed amendments should serve as an effective deterrent to prevent public
officials or employees from concealing' destroying or dissipating their unlawfully
ac,uired properties and safeguard the interest of the State in the recovery of said assets
which rightfully belong to the people'. Rep. Rufus Rodrigue/' author of H! "#$%
stressed.
Rodrigue/ 0%
nd
1istrict' Cagayan de 2ro City3' with his brother and Abante
4indanao party-list Rep. 4a5imo Rodrigue/' 6r. as co-author' argued that the State &has
the right to recover from public officials or employees' including their transferees or
nominees' properties which were not lawfully ac,uired..
&R.A. )$#* concreti/es that right of the State to recover said ill-gotten wealth'. the
lawmakers said.
They e5plained that due to modern methods and sophisticated means being
employed by corrupt public officials and employees' they are able to spirit away
unlawfully ac,uired properties within increasingly short period of time' and out of the
State-s reach.
&There is certainly a need to amend certain provisions of the law for the State to be
fully effective in recovering stolen assets by arming its chief enforcer 7 the 2ffice of the
2mbudsman 7 the necessary powers to run after violators'. the authors insisted.
Among other proposed changes in Section % of the Act' H! "#$% inserts Sections %-
A and %-b to read as follows8
&S9C. %-A. PRIMA FACIE :R9S;4:T<2(S' -- 0)3 =henever any public officer
or employee has ac,uired during his incumbency property or properties which are
manifestly out of proportion to his salary' as such public office or employee' and to his
other lawful income' and the income from other legally ac,uired property>properties' said
property shall be presumed prima facie to have been unlawfully ac,uired..
NR # 3596B
SEPT. 21, 2014
&0%3 ?ailure of a public official or employee to file a Statement of Assets' iabilities
and (etworth 0SA(3 within the period prescribed by law 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 public service..
&0$3 ?ailure of a public officer to file a Statement of Assets' iabilities and
(etworth for any particular year after assumption to office shall be prima facie evidence
that the public officer or employee has no other information to declare outside of his
declaration in his prior submissions' without pre@udice to any liabilities that may have
been incurred under e5isting laws..
&Sec. %-!. A1A9RS9 CA<4 :R<2R T2 ?<<(B 2? :9T<T<2( 7 =hen' during
or after the fact-finding investigation of the 2ffice of the 2mbudsman' it appears that
there is reasonable ground to believe that a public officer or employee has unlawfully
ac,uired property' the said office' on behalf of the Republic of the :hilippines' may file an
Adverse Claim in the proper Registry of 1eeds' or the appropriate :ublic Registry' setting
forth a description of the property>ties covered by the fact-finding investigation' and the
claim of Right of <nterest of the State therein as possible sub@ects of forfeiture..
ikewise' the authors propose to insert Section C-A to RA )$#* to read as follows8
&S9C. C-A. A;TH2R<TD T2 S9 :9(1<(B ?2R?9<T;R9 :R2C991<(B. 7 <n case
there is danger of depreciation to the value of the personal property or spoilage in case of
perishable properties' upon motion filed by the 2ffice of the 2mbudsman before the
proper court' the personal property sub@ect of forfeiture may be sold at public auction
pending the resolution of the forfeiture proceeding. The proceeds of the sale at public
auction shall be held in trust by the 2ffice of the 2mbudsman until the forfeiture
proceeding is finally resolved..
?urthermore' the bill provides that &the 2mbudsman 0in place of the Solicitor
Beneral under the current law3 may grant immunity from criminal prosecution to any
person who testifies to the unlawful manner in which the respondent has ac,uired any of
the property in ,uestion in cases where such testimony is necessary to prove violations of
this Act..
2n the penal clause' H! "#$% provides that &any public officer or employee who
shall' after the effective date of this Act' transfer or convey any unlawfully ac,uired
property shall be penali/ed with imprisonment for a term of not less than one year and one
day but not more than si5 years' or a fine not e5ceeding twice the amount of the property
transferred or conveyed' or both such imprisonment and fine' perpetual dis,ualification
from public office' and confiscation or forfeiture in favor of the government of any
prohibited interest..
ikewise' &The same penalties shall be imposed upon any person who shall
knowingly accept such unlawful transfer or conveyance. Any such conveyance shall be
void ab initio 0from the start3.. 0$E3 dpt