Ejercito asks: Can wealth acquired before public office be considered unexplained wealth?

The Manila Times

On Day 24 of the impeachment trial, Senator-Judge JV Ejercito asked retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang whether wealth acquired before a person assumed public office could be covered by the presumption involving unexplained wealth.  Cabotaje-Tang discussed the legal requirements under Republic Act 1379 and cited the Supreme Court case Heirs of Ligot v. Sandiganbayan in explaining when the presumption may apply.  Check out our Streaming Channel: https://streaming.manilatimes.net/  Subscribe to The Manila Times Channel - https://tmt.ph/YTSubscribe  Visit our website at https://www.manilatimes.net  Follow us: Facebook - https://tmt.ph/facebook Instagram - https://tmt.ph/instagram Twitter - https://tmt.ph/twitter DailyMotion - https://tmt.ph/dailymotion  Subscribe to our Digital Edition - https://tmt.ph/digital  Check out our Podcasts: Spotify - https://tmt.ph/spotify Apple Podcasts - https://tmt.ph/applepodcasts Amazon Music - https://tmt.ph/amazonmusic Deezer: https://tmt.ph/deezer Tune In: https://tmt.ph/tunein  #TheManilaTimes #LocalNews ---------------------------------------------------------------------/

Transcript

00:00Good morning, sir.

00:02Justice, is it correct to say that the unexplained wealth is automatically illegally accumulated wealth or it does not follow?

00:11Ibig ba sabihin na ito ay, kahit kung hindi na ipaliwanag ka agad, ay ito ay iligal ka agad o

00:17galing nakaw?

00:19Well, according to Republic Act 1379, sir, may opportunity yung official to explain

00:25kung merong manifest disproportionality from his lawful income at sa kanyang pagmamayari, yung kanyang yaman.

00:38Pangalawa po, Justice, in your judicial experience, have you encountered instances when unexplained wealth was sufficiently explained by the public

00:48officials?

00:48So, sa inyo pong experience, may mga kaso ko ba na bukang unexplained wealth sa umpisa pero kalaunan ay ito

00:57'y napatunayan na hindi na mapalawag galing iligal o nakaw?

01:03No, sir. Wala po.

01:08Just a few points, Mr. Presiding Officer.

01:10Is it important for unexplained wealth to be acquired during the incumbency?

01:14So, yung questionabling yaman ho ba o ari-arian na nakuha mismo ay habang dapat nananungkulan ang public official?

01:21Yes, sir. According to the Supreme Court, again, in the case of Heirs of Ligot versus Sandigan Bayan,

01:27kasi tatlo ang requisites niyan before this presumption may apply,

01:31dapat siya ay public officer and then naka-accumulate siya ng vast wealth during his incumbency

01:40and third, yung he cannot satisfactorily explain kung paano niya nakuha yung yaman na yun lawfully.

01:53Last point, Mr. Presiding Officer.

01:55What if the unexplained wealth is not acquired during the incumbency of the public official

01:59but before he assumed office, kung baga kung na-acquired nyo ito bago ho siya nag-annungkulan

02:05o nag-assume as an official?

02:09If he acquired those money, that money unlawfully as a private individual,

02:21ibang usapan na po yun.

02:23But he cannot be sued because of his incumbency diyan.

02:32Thank you, Mr. Presiding Officer.

02:49For more information, please visit us at www.SPELLIC.com.

02:52Mmmmm.

02:54Hmm?

02:56You change us.

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