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Republic Act No. 1379AN 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.
Forfeiture defined:The involuntary relinquishment of money or property without compensation as a consequence of a breach or nonperformance of some legal obligation or the commission of a crime.Forfeiture under R.A 1379Criminal in natureRespondent has all the rights in favor of the accusedProsecution has the burden of proving respondent's guilt beyond reasonable doubtForfeiture RP vs Sandiganbayanforfeiture proceeding is an actionin remrequires no more than a preponderance of evidencePublic Officers or Employees definedmeans any person holding any public office or employment by virtue of an appointment, election or contractWhat can be forfeitedAny property which is not included in the Other legitimately acquired propertyOther legitimately acquired property definedany real or personal property, money or securities which the he has at any time acquired by inheritance and the income thereofgift inter vivos before his becoming a public officerany property (or income thereof) already pertaining to him when he entered public office fruits and income of the exclusive property of his spouse. It does not include:1. Property unlawfully acquired ownership is concealed 2. Property unlawfully acquired, but transferred to another person3. Property donated during his incumbency
How can it be committedWhenever any public officer or employee has acquired during his incumbency an amount of property which is out of proportion to his salary and his other lawful incomeProperty shall be presumed prima facie to have been unlawfully acquiredHow can it be committedAn indicator that he amassed ill gotten wealth is his non-disclosure and concealment of vital facts in his SALN
Resignation, dismissal or separation of the officer or employee from service shall not be a bar to the filing of the petitionLegal ProcedureInvestigation or inquiry conductedPetition is filed before Sandiganbayan or RTCRespondent files answerHearingJudgmentAppealProtection against self-incriminationrespondent nor any other person shall be excused from attending and testifying on the ground that the testimony or evidence may tend to incriminate him or subject him to prosecutionImmunitySolicitor General may grant immunity from criminal prosecution to any person who testifies to the unlawful mannerPenaltiesimprisonment for a term not exceeding five years, or a fine not exceeding ten thousand pesos, or both such imprisonment and fine.
