The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel.

"Second Issue: Prescription

The instant action for reconveyance, restitution, and accounting impleads the Estate/Heirs of Gregorio Licaros for previous acts committed by the decedent during his lifetime, more particularly for conspiring with the main defendants to prejudice the Republic. An action to recover ill-gotten wealth is outside the purview of the ordinary rules on prescription, as contained in Article 1146 of the Civil Code.[17] Section 15 of Article XI of the 1987 Constitution states:

“Section 15. The right of the State to recover properties unlawfully acquired by public officials or employees, from them or from their nominees or transferees, shall not be barred by prescription, laches or estoppel.”

The intendment of the foregoing constitutional provision -- exempting actions to recover ill-gotten wealth from the operation of the general rules of prescription -- presumably lies in the special attendant circumstances and the primordial state interests involved in cases of such nature.

From the preceding discussion, it is clear that any action involving the recovery of unlawfully acquired properties against Licaros or his transferees, may not be deemed to have prescribed. The language of the Constitution, the law and the Rules of Court is clear and unequivocal. Clearly, the Sandiganbayan did not commit any grave abuse of discretion amounting to lack or excess of jurisdiction when it issued the assailed Resolutions denying, for lack of merit, petitioners’ Motion to Dismiss."

THIRD DIVISION

[ G.R. No. 157438. October 18, 2004 ]

HEIRS OF GREGORIO LICAROS; NAMELY, CONCEPCION B. LICAROS AND ABELARDO B. LICAROS, PETITIONERS, VS. SANDIGANBAYAN AND REPUBLIC OF THE PHILIPPINES, RESPONDENTS.

https://elibrary.judiciary.govph/thebookshelf/showdocs/1/46207