Manila: The State's right to recover unlawfully acquired wealth from public officials does not expire, even if the assets were accumulated years earlier, a former Sandiganbayan chief told the Senate impeachment court Monday.
According to Philippines News Agency, Senator-judge Erwin Tulfo raised the issue through a hypothetical public official who started as a barangay kagawad, later became mayor, and whose questionable wealth was discovered about 15 years after it was supposedly accumulated. Tulfo questioned whether there was a time limit for investigating such wealth, asking, "Is there a time limit or none?"
Retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang asserted that the Constitution provides otherwise. She emphasized that the State's right to pursue illegally acquired wealth is not limited. "There is no period of limitation, sir," Cabotaje-Tang stated, referencing Article XI, Section 15 of the 1987 Constitution, which states that the State's right to recover properties unlawfully acquired by public officials shall not be barred by prescription, laches, or estoppel.
The House prosecution had earlier argued that investigating unexplained wealth requires examining a public official's broader financial history, rather than isolated snapshots of assets. Consequently, the Senate court has allowed access to former President Duterte's bank, tax, and Anti-Money Laundering Council records, deeming them prima facie relevant to Article II.
Tulfo also inquired about the criteria necessary to classify property as unexplained wealth. Cabotaje-Tang cited Republic Act 1379, explaining that a prima facie presumption might arise when a public official acquires property or substantial assets during their tenure that are "manifestly disproportionate" to their salary, lawful income, or income from legitimately acquired property. She highlighted that disproportionality must first be established before the statutory presumption is invoked.
As part of the unexplained wealth phase of the trial, more than 1,800 bank, insurance, and other financial records have been prepared by the parties involved.
