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/tools of the crime are confiscated
in favor of the government.
3. The property of 3rd persons (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 a 3rd person) shall be destroyed.
There cannot be confiscation or forfeiture unless there’s a
criminal case filed, tried and accused is convicted.
Third person must be indicted to effect confiscation of
Instruments of the crime belonging to an innocent 3rd person
may be recovered.
Confiscation can be ordered only if the property is submitted
in evidence or placed at the disposal of the court.
When the order of forfeiture has already become final, the
articles which were forfeited can not be returned, even in case
of an acquittal.
There must be conviction by final judgment. However, even if
the accused is acquitted on reasonable doubt, but the
instruments or proceeds are contraband, the judgment of
acquittal shall order their forfeiture for appropriate
Confiscation & forfeiture are additional penalties. When the
penalty imposed did not include the confiscation of the goods
involved, the subsequent confiscation & forfeiture of said
goods would be an additional penalty, amounting to an increase
of the penalty already imposed, thereby placing the accused
in double jeopardy. In case the accused appeals, confiscation
and forfeiture not ordered by the trial court may be imposed by
the appellate court.
The government can not appeal the modification of a sentence if
the defendant did not appeal. But if the defendant appeals, it
removes all bars to the review and correction of the penalty
imposed by the court below, even if an increase thereof should
be the result.
When Art. 45 cannot apply:
1. The instruments belong to innocent third parties
2. Such properties have not been placed under the jurisdiction
of the court
3. When it is legally or physically impossible.