3. Republic v.

CA, 172 SCRA 296 RA 3019

FACTS:

Spouses Berdon were charged for an unexplained wealth under RA 1379. Simplicio Berdon, an assistant
civil engineer of the DPWH, and wife, a pharmacist, acquired parcels of land and constructed a house.
The amount is said to be disproportionate to their income. The RTC dismissed the case and the CA
upheld the same. Hence, RP made this appeal.

ISSUE:

Whether the presumption of unexplained wealth has been rebutted.

HELD:

Yes. The presumption under Sec 2 of RA 1379 that the subject penalties were unlawfully acquired had
been successfully rebutted by the spouses through competent evidence. The purchase of parcels of land
and the construction of a house was funded from the loans and donations.

The courts are not bound by the statement of assets and liabilities in determining whether wealth is
unexplained under the language of RA 1739.