Non-prejudice to the rights of bona fide third parties in the enforcement of forfeiture orders


The Revised Penal Code of the Philippines

Title Three

Chapter Three
DURATION AND Effect of Penalties

Penalties in which other accessory penalties are inherent

ARTICLE 45. Confiscation and forfeiture of the proceeds or instruments of the crime.

— Every penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the crime and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the Government, unless they be the property of a third person not liable for the offense, but those articles which are not subject of lawful commerce shall be destroyed.

Rome Statute

Article 109 Enforcement of fines and forfeiture measures

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.