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MANUEL F. CABAL v. RUPERTO KAPUNAN

This case has been cited 1 times or more.

2012-08-06
MENDOZA, J.
In the Republic case, this Court held that it is civil in nature because the proceeding does not terminate in the imposition of a penalty but merely in the forfeiture of the properties illegally acquired in favor of the government. In addition, the procedure followed was that provided for in a civil action. Yet, in the case of Cabal v. Kapunan,[45] the Court also declared that forfeiture partakes the nature of a penalty. Thus, while the procedural aspect of these proceedings remain civil in form, the very forfeiture of property found to be unlawfully acquired is inescapably in the nature of a penalty.[46]