Article 161Act No. 3815, Sec./Art. 161

Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive.-The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

Section 5. Suspension and Loss of Benefits - Any public

officer against whom any criminal prosecution under a

valid information under this Act in whatever stage of

execution and mode of participation, is pending in court,

shall be suspended from office. Should he be convicted

by final judgment, he shall lose all retirement or gratuity

benefits under any law, but if he is acquitted, he shall be

entitled to reinstatement and to the salaries and other

benefits which he failed to receive during suspension,

unless in the meantime, administrative proceedings have

been filed against him.

Section 6. Prescription of Crimes - The crime punishable

under

this

Act

shall prescribe in twenty (20) years.

However, the right of the State to recover properties

unlawfully acquired by public officers from them or from

their nominees or transferees shall not be barred by

prescription, laches, or estoppel.

Section 7. Separability of Provisions - If any provisions of

this Act or the application thereof to any person or

circumstance is held invalid, the remaining provisions of

this Act and the application of such provisions to other

persons or circumstances shall not be affected thereby.

Section 8. Scope - This Act shall not apply to or affect

pending prosecutions or proceedings, or those which

may be instituted under Executive Order No. 1, issued and

promulgated on February 28, 1986.

Section 9. Effectivity - This Act shall take effect after

fifteen (15) days from its publication in the Official Gazette

and in a newspaper of general circulation.

Approved: July 12, 1991

RA No 1379 | Forfeiture in Favor of the State

REPUBLIC ACT No. 1379

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.

Section 1. Definitions. (a) For the purposes of this Act, a

"public officer or employee" means any person holding

any

public

office

or

employment

by

virtue

of

an

appointment,

election

or

contract,

and

any

person

holding any office or employment, by appointment or

contract, in any State owned or controlled corporation or

enterprise.

(b) "Other legitimately acquired property" means any real

or personal property, money or securities which the

respondent has at any time acquired by inheritance and

the income thereof, or by gift inter vivos before his

becoming a public officer or employee, or any property

(or income thereof) already pertaining to him when he

qualified for public office or employment, or the fruits

and income of the exclusive property of the respondent's

spouse. It shall not include:

1. Property unlawfully acquired by the respondent, but its

ownership is concealed by its being recorded in the name

of, or held by, the respondent's spouse, ascendants,

descendants, relatives, or any other person.

2. Property unlawfully acquired by the respondent, but

transferred by him to another person or persons on or

after the effectivity of this Act.

3.

Property

donated

to

the

respondent

during

his

incumbency, unless he can prove to the satisfaction of

the court that the donation is lawful.

Section 2. Filing of petition. Whenever any public officer

or employee has acquired during his incumbency an

amount of property which is manifestly out of proportion

to his salary as such public officer or employee and to his

other lawful income and the income from legitimately

acquired property, said property shall be presumed prima

facie to have been unlawfully acquired. The Solicitor

General, upon complaint by any taxpayer to the city or

provincial fiscal who shall conduct a previous inquiry

similar to preliminary investigations in criminal cases and

shall

certify

to

the

Solicitor

General

that

there

is

reasonable

ground

to

believe

that

there

has

been

committed a violation of this Act and the respondent is

probably guilty thereof, shall file, in the name and on

behalf of the Republic of the Philippines, in the Court of

First Instance of the city or province where said public

officer or employee resides or holds office, a petition for a

writ commanding said officer or employee to show cause

why the property aforesaid, or any part thereof, should

not be declared property of the State: Provided , That no

such petition shall be filed within one year before any

general election or within three months before any

special election.

The resignation, dismissal or separation of the officer or

employee

from

his

office

or

employment

in

the

Government or in the Government-owned or controlled

corporation shall not be a bar to the filing of the petition:

Provided, however , That the right to file such petition

shall prescribe after four years from the date of the

resignation, dismissal or separation or expiration of the

term of the office or employee concerned, except as to

those who have ceased to hold office within ten years

prior to the approval of this Act, in which case the

proceedings shall prescribe after four years from the

approval hereof.

Section 3. The petition. The petition shall contain the

following information:

(a) The name and address of the respondent.

(b) The public officer or employment he holds and such

other

public

offices

or

employment

which

he

has

previously held.

(c) The approximate amount of property he has acquired

during his incumbency in his past and present offices

and employments.

(d) A description of said property, or such thereof as has

been identified by the Solicitor General.

(e) The total amount of his government salary and other

proper earnings and incomes from legitimately acquired

property, and

(f) Such other information as may enable the court to

determine whether or not the respondent has unlawfully

acquired property during his incumbency.

Section 4. Period for the answer. The respondent shall

have a period of fifteen days within which to present his

answer.

Section 5. Hearing. The Court shall set a date for a

hearing, which may be open to the public, and during

which the respondent shall be given ample opportunity

to explain, to the satisfaction of the court, how he has

acquired the property in question.

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

no

judgment shall be rendered within six months before any

general election or within three months before any

special election. The Court may, in addition, refer this case

to

the

corresponding

Executive

Department

for

administrative or criminal action, or both.

Section 7. Appeal. The parties may appeal from the

judgment of the Court of First Instance as provided in the

Rules of Court for appeals in civil cases.

Section 8. Protection against self-incrimination. Neither

the respondent nor any other person shall be excused

from attending and testifying or from producing books,

papers, correspondence, memoranda and other records

on

the

ground

that

the

testimony

or

evidence,

documentary or otherwise, required of him may tend to

incriminate him or subject him to prosecution; but no

individual shall be prosecuted criminally for or on account

© Compiled By RGL

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