Despite recurring corruption cases, Republic Act No. 1379, a law enacted in 1955 allowing the state to seize illegally acquired wealth, has rarely been enforced.
Known as the Forfeiture Law, it empowers authorities to confiscate assets clearly disproportionate to a public official’s lawful income.
Lawyer and broadcaster Mike Toledo explained on his program “Abogado” on Bilyonaryo News Channel that RA 1379 applies not only to assets held by officials themselves but also those held by spouses, relatives, or proxies.
‘It’s a law with teeth,’ Toledo said.
‘Once that’s established, the burden of proof shifts to the public official to explain the excess. If they can’t, the assets are forfeited in favor of the state,’ he added.
The law covers anyone holding public office or employment by appointment, election, or contract, including positions in state-owned or controlled corporations.
The Solicitor General can file petitions before the courts, giving officials a chance to explain their wealth. If explanations are unsatisfactory, the assets are forfeited to the state.
Despite its clear mandate, RA 1379 has been invoked far less frequently than the Anti-Graft and Corrupt Practices Act.
Legal experts say the law has strong deterrent power, but its limited use misses opportunities to address unexplained wealth. Cases fall under the Sandiganbayan, the country’s anti-graft court and carry penal consequences in addition to civil forfeiture.
Toledo questioned why authorities have not used the law more aggressively.
“To the malevolent mind, the specter of forfeiture should scare the living daylights out of them. Why haven’t we used it more?’ Toledo asked.
Experts say stronger enforcement could better combat ill-gotten wealth and promote accountability in public office.