AS an administrative offense under Rule 10, Section 46, subparagraph D.8 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS), the complete “title” of said less-grave offense is actually “[f]ailure to file sworn statements of assets, liabilities and net worth, and disclosure of business interest and financial connections, including those of their spouses and unmarried children under 18 years of age living in their households.”
Some of the legal bases for this offense, aside from aforementioned rules, are the following: a) Article XI, Section 17 of the 1987 Philippine Constitution, which provides that “[a] public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth;” b) Book 1, Chapter 9, Section 34 of the Administrative Code of 1987 which reiterates the same Constitutional provision; c) Sections 7 and 8 of Republic Act RA 3019, as amended (otherwise known as the Anti-Graft and Corrupt Practices Act) which talk about the filing of Statement of Assets and Liabilities and prima facie evidence of and dismissal due to unexplained wealth; d) Section 8 of RA 6713 (otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees) which states that “[p]ublic officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and unmarried children under 18 years of age living in their households; and e) Rules VII, VIII and IX of the Implementing Rules and Regulations (IRR) of RA 6713.
SALN means Statement of Assets, Liabilities, and Net Worth. All public officials and employees are required to file SALN. SALN must be filed within 30 days after assumption of office; on or before April 30, of every year thereafter; and within 30 days after separation from the service.
The SALN should contain the public officials and employees’ real property, its improvements, acquisition costs, assessed value and current fair market value; personal property and acquisition cost; all other assets such as investments, cash on hand or in banks, stocks, bonds, and the like; liabilities (like loans or debts) and all business interests and financial connections. Since the provision states “including those of their spouses and of unmarried children under 18 years of age living in their households,” then even bank accounts or other property (even held only in trust) of their minor children should be included in the SALN. The liabilities of public officials and employees who fail to comply with aforementioned laws and rules on the filing of SALN are criminal and administrative.
Section 11 of RA 6713 provides the penalties of “fine not exceeding the equivalent of six months’ salary or suspension not exceeding one year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency.” The same section also provides that “[v]iolations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five years, or a fine not exceeding P5,000, or both, and in the discretion of the court of competent jurisdiction, disqualification to hold public office.” As an administrative offense, Rule 10, Section 46 of RRACCS provides the penalty of “suspension of one month and one day to six months for the first offense; and dismissal from service for the second offense.”
The importance of all these laws and rules requiring all public officials and employees to file their SALN is emphasized in the relatively recent case of The Ombudsman, Fact-Finding and Intelligence Bureau v. Valeroso, G.R. No. 167828, April 2, 2007. Thus, the Supreme Court said that the law mandating full disclosure of wealth in the SALN is a means of preventing the evil of unlawfully acquiring wealth and “is aimed particularly at curtailing and minimizing the opportunities for official corruption and maintaining a standard of honesty in the public service. Unexplained matter normally results from the nondisclosure or concealment of vital facts. SALN, which all public officials and employees are mandated to file, is the means to achieve the policy of accountability of all public officers and employees in the government. By the SALN, the public are able to monitor movement in the fortune of a public official; it is a valid check and balance mechanism to verify undisclosed properties and wealth.”
This column should not be taken as a legal advice applicable to any case, as each case is unique and should be construed in light of the attending circumstances surrounding such particular case.
Lawyer Toni Umali is the current assistant secretary for Legal and Legislative Affairs of the Department of Education (DepEd). He is licensed to practice law not only in the Philippines, but also in the state of California and some federal courts in the US after passing the California State Bar Examinations in 2004. He has served as a legal consultant to several legislators and local chief executives. As education assistant secretary, he was instrumental in the passage of the K to 12 law and the issuance of its implementing rules and regulations. He is also the alternate spokesman of the DepEd.
1 comment
Thank you for this article, Asec. It is good to know that we have a way of keeping an eye on our public officials.