A new bill filed in the House of Representatives may give the public an opportunity to take a more active role in recovering stolen money from corrupt public officials.
If enacted, House Bill No. 6619, filed by Akbayan Reps. Chel Diokno, Perci Cendana, and Dadah Ismula, as well as Dinagat Islands Rep. Arlene Bag-ao, would allow private citizens to directly initiate cases to recover ill-gotten wealth.
If passed, the bill would amend Republic Act No. 1379, the country’s 65-year-old Forfeiture Law, to allow private individuals, civil society organizations, or corporations, among others, to fully initiate and participate in civil forfeiture proceedings at the regional trial court.
‘Unfortunately, our current civil forfeiture system remains rigid in its application,’ the authors said in their explanatory note. ‘The antiquated civil forfeiture law is ripe for amendments and updating to our current justice system.’
The spirit of HB 6619 borrows from the writ of qui tam, a legal concept from old English law where a private person can sue on behalf of the government for violations-usually fraud-by companies and individuals and receive a share of the money recovered.
Former Justice and constitutional framer Adolfo Azcuna first proposed this last August when President Marcos Jr. declared his anti-corruption crusade and encouraged the Supreme Court to look into the writ.
Under the Akbayan bill, amendments would also provide a mechanism where the complainant could receive at least 10% of the total amount recovered, while the remainder would be allocated toward education, health, socialized housing, and social security.
The bill also centralizes the prosecution of forfeiture cases in the Office of the Ombudsman and empowers the Department of Justice or the Ombudsman to grant immunity from prosecution to any potential whistleblower in a forfeiture case.
The measure extends the application of the prima facie presumption to all ownership showing beneficial interest, including corporations and other arrangements.
The authors said the passage of this bill ‘has the potential to expedite accountability from errant and corrupt public officers. In refining this legislation, we aim to strengthen the mandated trust between our public officials and the Filipino people.’