Forfeiture of illegally obtained wealth (part 2 of 3)

Ma. Merceditas N. Gutierrez, Ombudsman

In this issue, we continue the installments on understanding forfeiture of illegally-obtained wealth.  We ended the last time with a statement that in forfeiture proceedings, the State is helped by a prima facie presumption in its favor.  That presumption states that property or wealth manifestly out of proportion to a public officer’s salary and other legitimate income is presumed illegal wealth.  For the state, this requires simply laying down the wealth obtained by the officer concerned and comparing it to his total government salary and benefits.  But we also said this is not as easy as it sounds, nor is the process involved free from complication. More »


Forfeiture of illegally obtained wealth (part 1 of 3)

Ma. Merceditas N Gutierrez, Ombudsman

RA 1379, enacted way back in 1955, gave the State the power to institute forfeiture proceedings against any public officer or employee to recover illegally-obtained property or wealth.  The 1987 Constitution expressly recognized this authority in Sec. 15 of Article XI which dealt on the accountability of public officers.  But the constitution clearly added that said power may be exercised not only against the officer concerned, but against his nominees and transferees.  It also more positively stated that said power cannot be barred by prescription, laches or estoppel. The provision under par. 2 of RA 1379 that the resignation of the official, his separation or dismissal would not prevent the filing of a forfeiture case against him was untouched. More »


Some thoughts on serving the public better

By Ma. Merceditas N. Gutierrez, Ombudsman


Section 1. Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.

Uniform recruitment procedure.  I was just telling my staff the other day, “why not for the Civil Service Commission to issue More »

VIEWS FROM A BRIT119460-117532

IMET a fairly new expatriate arrival to the Philippines the other day.

After five minutes introductory conversation, the lady came out with the question, “why is everything so difficult here?” That just about sums things up; everything is so difficult. It didn’t use to be like this.

The Philippines used to be a fairly easy place to live, albeit doing business for foreigners, has always been difficult. More »

Foreigners for JusticeForeigners for Justice

Posted November 15, 2014 on Facebook…

Philippines Government are liable to pay foreigners for damages incurred for Human Rights violations or denial of Due Process.

Thousands of Foreigners who have suffered at the hands of corrupt Philippines government officials like the Department of Justice, Bureau of Immigration or negligence by the Commission of Human Rights for not taking action in complaints filed can legally file for punitive damages in their own country. More »

Ombudsman warns:

All corrupt will be put to jail Posted at 05/12/2014 3:41 PM | Updated as of 05/12/2014 3:41 PM

Lifestyle check not just vs Jinggoy – Morales

MANILA – Ombudsman Conchita Carpio Morales said she wants to put all corrupt in jail during her term.

In her speech at the end of an Integrity Caravan in celebration of the Office of the Ombudsman’s 25th anniversary, Morales said her ultimate goal is to jail all corrupt no matter who they are.

She said no one will be spared in the investigations, including the pork barrel scam. More »

frustrationFrustrations of a ‘balikbayan’

Philippine Daily Inquirer
First Posted 05:01:00 04/21/2009
Filed Under: Travel & Commuting, Consumer Issues, Tourism

I didn’t want to believe this, but certain things in Manila are indeed still corrupt and primitive. Taxi drivers still refuse to use their meters in certain areas. On my recent balikbayan trip, I tried to get a taxi at Alabang Town Center in Muntinlupa City to go to Ortigas in Pasig City, and was baffled when all the taxi drivers said they would only take me if I paid a fixed price instead of the metered rate. In a show of unbreakable brotherhood, all of them stood firm on this “arrangement.” More »