Article 45

Question 1

Title of Art. 45 of the RPC

Answer 1

Confiscation and forfeiture of the proceeds or instruments of the crime

Question 2

Outline of provisions of Article 45 (4)

Answer 2

1. Every PENALTY imposed carries with it the FORFEITURE of the PROCEEDS of the crime and the INSTRUMENTS or TOOLS used in the commission of the crime
2. The PROCEEDS and INSTRUMENTS or TOOLS of the crime are confiscated and forfeited in FAVOR OF THE GOVERNMENT
3. Property of a THIRD PERSON NOT LIABLE for the offense is NOT subject to confiscation and forfeiture
4. Property NOT SUBJECT OF LAWFUL COMMERCE (whether it belongs to the accused or to third person) shall be DESTROYED

Question 3

Is there forfeiture when there is no criminal case?

Answer 3

No, there must be a criminal case. No forfeiture in civil cases

Question 4

If the accused has been acquitted, can the forfeiture of the proceeds or instruments be ordered?

Answer 4

No, the forfeiture of the proceeds or instruments of the crime cannot be ordered if the accused is acquitted, because no penalty is imposed

Question 5

Can the court order the forfeiture of goods when the owner of such property has not been indicted even though there is sufficient grounds to hold him guilty of the acts for which the accused has been convicted?

Answer 5

No

Question 6

Can the court order the forfeiture of the proceeds or goods or instruments of the crime that were not in the possession of the court?

Answer 6

No

Question 7

Once items or instruments of the crime have been confiscated and the accused acquitted, can the court order the return of such items or instruments?

Answer 7

No, said articles have ceased to belong to the accused, as they had been forfeited to the Government

Question 8

Once a judgment has become final but later evidence shows that there should have been effects or instruments of the crime that should have been confiscated. Can the court modify, alter or change the judgment? What if the accused appealed the decision instead?

Answer 8

No, confiscation and forfeiture are additional penalties. It would place the accused in double jeopardy

However, if the accused appeals the decision, the confiscation and forfeiture not ordered by the trial court may be imposed by the appellate court