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.

Case Overview and Summary

Summary of Republic Act No. 1379

Definitions:
- "Public officer or employee" includes any person holding public office or employment by appointment, election, or contract, including in state-owned or controlled corporations. (Section 1a)
- "Other legitimately acquired property" includes property acquired by inheritance, gift before public office, or already owned before public office, excluding:
  1. Property unlawfully acquired but concealed under spouse's or relative's name. (Section 1b1)
  2. Property unlawfully acquired but transferred after the Act's effectivity. (Section 1b2)
  3. Donations during incumbency, unless proven lawful. (Section 1b3)

Filing of Petition:
- If a public officer or employee acquires property manifestly out of proportion to their salary and lawful income, it shall be presumed prima facie unlawfully acquired. (Section 2)
- The Solicitor General shall file a petition in court, upon a taxpayer's complaint and preliminary inquiry by the fiscal, to show cause why the property should not be forfeited to the State. (Section 2)
- The petition shall not be filed within one year before a general election or three months before a special election. (Section 2)
- The petition can be filed even after resignation, dismissal, or separation, but prescribes after four years, except for those who ceased office within ten years before the Act, where it prescribes after four years from the Act's approval. (Section 2)

Petition Details:
- The petition shall contain the respondent's name, address, public offices held, approximate amount and description of acquired property, total lawful income, and other relevant information. (Section 3)

Proceedings:
- The respondent has 15 days to answer the petition. (Section 4)
- The court shall hold a public hearing where the respondent can explain how the property was lawfully acquired. (Section 5)
- If the respondent cannot satisfy the court, the property shall be declared forfeited to the State, but no judgment shall be rendered within six months before a general election or three months before a special election. (Section 6)
- The court may refer the case for administrative or criminal action. (Section 6)
- The parties may appeal as provided in the Rules of Court for civil cases. (Section 7)

Protections and Immunities:
- No person shall be excused from testifying or producing evidence on the ground of self-incrimination, but shall not be prosecuted based on compelled testimony, except for perjury or false testimony. (Section 8)
- The Solicitor General may grant immunity from criminal prosecution to witnesses whose testimony is necessary to prove violations of the Act. (Section 9)

Other Provisions:
- The fact that property is recorded in the respondent's or relative's name shall not prevent forfeiture judgment. (Section 10)
- Laws on acquisitive prescription and limitation of actions cannot be invoked by the respondent for unlawfully acquired property. (Section 11)
- Transferring or accepting transfer of unlawfully acquired property after the Act's effectivity is punishable by up to 5 years imprisonment, a fine not exceeding ₱10,000, or both. (Section 12)
- The Act has a separability clause. (Section 13)
- The Act took effect upon approval on June 18, 1955, and applies to property unlawfully acquired before or after the effective date. (Section 14)