Section 2 of RA 1379 explicitly states that “whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired. x x x”
The elements which must concur for this prima facie presumption to apply are:
(1) the offender is a public officer or employee;
(2)he must have acquired a considerable amount of money or property during his incumbency; and
(3)said amount is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property.
- Chief Justice Renato Corona in
REPUBLIC OF THE PHILIPPINES, petitioner,
eh sinabi mo eh
[hat tip, raissa robles]