EXPLAINER: Ill-gotten wealth, unexplained wealth, hidden wealth - GMA Network

During the 24th day of Vice President Sara Duterte’s impeachment trial, House panel prosecution witness and former Sandiganbayan presiding justice Amparo Cabotaje-Tang tackled ill-gotten wealth, unexplained wealth, and hidden wealth.

What are the differences between the three?

Republic Act (RA) 1379 or the Unexplained Wealth Act describes unexplained wealth as property and/or money acquired by an official during his incumbency, whether in his name or in the name of other persons, that is manifestly out of proportion to his salary and to his other lawful income.

Section 2 of the law states that the said property shall be presumed “prima facie” to have been unlawfully acquired.

Cabotaje-Tang said prima facie translates to “on its face.”

“Ang ibig sabihin niyan kapag napakita na yung isang official ay nag acquire ng property that is groslly or manifestly disproportionate to his salary, lawful income, and income from lawfully acquired properties, ito ay pinapalagay na unlawfully acquired,” she said.

(It means that once it is shown that an official acquired property that is grossly or manifestly disproportionate to his salary, lawful income, and income from lawfully acquired properties, it is presumed to have been unlawfully acquired.)

She clarified that this did not mean mean an official is immediately guilty.

Cabotaje-Tang said if the official can satisfactorily explain that the properties were acquired lawfully, then the validity of the presumption will be gone.

Meanwhile, Section 8 of RA 3019 or the Anti-Graft and Corrupt Practices Act Section states that if an official is found to have unexplained wealth, this shall be ground for dismissal or removal.

Further, it states that properties in the name of the spouse and unmarried children of the public official may be taken into consideration, whether their acquisition through legitimate means cannot be satisfactorily shown.

Aside from this, bank deposits may also be taken into consideration.

Executive Order (EO) No. 1 defined ill-gotten wealth as “any asset, property, business enterprise or material possession of persons within the purview of EO Nos. 1 and 2, acquired by them directly, or indirectly, thru dummies, nominees, agents, subordinates, and/or business associates through the following:

Under the EO, ill-gotten wealth may be sequestered by the state.

Meanwhile, Cabotaje-Tang explained that a hidden wealth is a property owned by a public official but is registered under another individual.

“For example, a public officer owns a property but that property is registered in the name of another person,” she said.

According to Cabotaje-Tang, there are stricter prohibitions for the president, the vice president, cabinet secretaries, undersecretaries, and assistant secretaries.

She said this is because “there is greater possibility of abuse in their office given their positions.”

Cabotaje-Tang testified on Article 2, which refers to unexplained wealth. — RSJ, GMA News