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Statement of Assets, Liabilities

and Net Worth


and its Guidelines
What is the
SALN?
Statement required from government
employees under existing laws which
requires disclosure of assets, liabilities and
net worth.
Laws on the SALN

• 1987 Philippine Constitution


• Executive Order No. 292
• Republic Act No. 3019
• Republic Act No. 6713
• Republic Act No. 7160
Legal Basis
• 1987 Philippine Constitution
“Section 17. 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. In the case of the
President, the Vice-President, the Members of the
Cabinet, the Congress, the Supreme Court, the
Constitutional Commissions and other constitutional
offices, and officers of the armed forces with general or
flag rank, the declaration shall be disclosed to the public
in the manner provided by law.”
(Section 17, Article XI, 1987 Philippine Constitution)
Legal Basis
Republic Act No. 6713, "Code of Conduct and Ethical
Standards for Public Officials and Employees."

“Section 8. Statements and Disclosure. - Public


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 of
unmarried children under eighteen (18) years of
age living in their households.”
SALN FORMS
SALN Forms
before 1994
1994 SALN Form
2008 Baseline &
Annual Declaration
Deferred
2011 SALN Form
2015 REVISED
SALN FORM
• CSC Resolution No. 1500088 dated
January 23, 2015
• CSC Resolution No. 1300173 dated
January 24, 2013
Brief History of the SALN Form
• No specific format prior to 1994
• 1994 Revised SALN Form
• 2008 Baseline Declaration Form/Annual
Declaration Form (deferred)
• 2011 SALN Form (deferred)
• 2013 Revised SALN Form
• 2015 Revised SALN Form (presently being
used) – specific location of real property
Legal Basis

• Republic Act No. 6713 (Code of


Conduct and Ethical Standards for
Public Officials and Employees)
• 1987 Philippine Constitution
Legal Basis

For purposes of declaring one’s


assets, liabilities and net worth, the
governing law shall be RA No. 6713
REVISED SALN FORM
CSC Resolution No. 1500088 dated January 23, 2015
CSC Resolution No. 1300173 dated January 24, 2013
What is the SALN?

• statement of assets,
liabilities and net worth;
• disclosure of financial
connections or business
interests;
• identification of relatives
within the fourth degree of
consanguinity or affinity,
which also include bilas,
balae and inso
How does one fill out the SALN
Form?
Fill it out together with the Guidelines which was arranged to
match the sequence of information needed from the declarant.
• Fill it out together with the
Guidelines which was
arranged to match the
sequence of information
needed from the declarant.
Who are required to file?
All officials and employees of:
– national and local governments
– state universities and colleges, and
– government-owned and controlled
corporations (GOCC) and their
subsidiaries, with or without original
charter
Who are exempted from filing?

• Those serving in honorary capacity;


• Laborers; and
• Casual or temporary workers.

However, those holding career positions


under temporary status are required to file
their SALN.
When to file?

Within 30 days upon


assumption of office

on or before April 30
(Annual filing)

Within 30 days after


Separation from service
• single
spouses who are
both public officer • spouse is not
with the gov’t
jointly separately not applicable
Spouses who are both public
officers or employees

• In case of separate filing


– paraphernal or capital properties shall not be
included in the computation of the declarant’s net
worth

• In case of joint filing


– the total assets of the spouses shall include their
respective paraphernal or capital properties
Spouses who are both
public officers or employees
• In case of separate filing
• Exclusive properties shall not be declared
and shall not be included in the computation
of the declarant’s net worth (Babano vs.
Executive Secretary - 2019 case)
• In case of joint filing
• the total assets of the spouses shall include
their respective exclusive properties
Date of determination of
Civil Status

ENTRY SALN – status as of assumption to


office

ANNUAL FILING – status as of December 31,


of the preceding year

EXIT SALN – status as of the last day in


the service
Assets, Liabilities and Net Worth

Additional sheet for


• declarant’s spouse;
and
• unmarried children
below 18 years of age
living in the
household
Declarant’s Children

legitimate and/or illegitimate

 unmarried children;
 below 18 years; and
 living in declarant’s household
Date of determination of
Child's age

ENTRY SALN – below 18 years old as of


assumption to office

– below 18 years old as of


ANNUAL FILING
December 31, of the preceding
year

EXIT SALN – below18 years old as of the


last day in the service
Assets, Liabilities and Net Worth

• Must be a true and complete declaration

• Assets, liabilities, business interests and


financial connections of:

• Declarant
• Declarant’s spouse
• Unmarried children below 18 years
and living in declarant’s household
Assets, Liabilities and Net Worth

EXCLUSIVE PROPERTY/IES OF CHILD/SPOUSE

• Properties of children are excluded from the


computation of the net worth

• Paraphernal or capital properties of spouse are


also excluded from the computation of net
worth
Real Properties

• Refer to properties which are immovable by nature


• Include properties within and outside the Philippines
Real Properties
What RP to indicate?
Those which are already titled or registered under name
of the:

• Declarant
• his/her spouse
• his/her unmarried children below 18 years of age and
living in the declarant’s household.

Those not yet titled under declarant’s name but

• covered by a deed of sale


• inherited
• subject of an extra-judicial settlement of estate
land only
Real Properties
land with building
condominium unit
house and lot
improvement
 refer to all works that are constructed
or introduced to the land, or repairs
or improvements made to the land or
building after its initial acquisition

 may be declared separately or


together with the land to which it is
attached
Real Properties
residential

commercial
industrial

agricultural

mixed use
Real Properties

must be exact
location
Real Properties

the fair market value and


assessed value as found in the tax
declaration shall be declared.
Real Properties
year of acquisition
Note: per type of filing
entry SALN – RP acquired as of
assumption to office

annual filing – RP acquired as of


December 31, of the
preceding year

exit SALN- RP acquired as of the last


day in the service
MODES OF ACQUIRING
OWNERSHIP

examples

sale

donation GRATUITOUS
inheritance ACQUISITION
Assets, Liabilities and Net Worth

contract of sale

the title to the property passes to the buyer


upon the delivery of the thing sold.

contract to sell
the ownership is, by agreement, retained by
the seller and is not to pass to the vendee until
full payment of the purchase price
amount of money paid to acquire
or own something

amount of expenses incurred for


improvements introduced on a real with amount
property Php 100,000.00

In the case of properties received


gratuitously, e.g. donation or 0
inheritance, no acquisition cost
shall be declared
Personal Properties

• refer to jewelry, • investments

• appliances • cash on hand

• furniture • cash in bank

• motor vehicles and • negotiable instruments,

• other tangible/movable • securities


properties. • stocks, bonds and the like
Personal Properties

• refer to jewelry, • investments

• appliances • cash on hand

• furniture • cash in bank

• motor vehicles and • negotiable instruments,

• other tangible/movable • securities


properties. • stocks, bonds and the like
entry SALN – PP acquired as of
Personal Properties
assumption to office

annual filing – PP acquired as of


December 31, of the
preceding year

1998
2011

exit SALN- PP acquired as of the last day in


the service
Personal Properties

Personal properties collectively acquired or are


of minimal value may be declared generally or
collectively. In which case, the declarant may
write/indicate “various years” under the column
for Year Acquired.
Personal Properties

Personal properties, such as cash on hand and in


bank, as well as stocks and the like, denominated
in foreign currency shall be converted into the
corresponding Philippine currency equivalent, at
the rate of exchange prevailing as of December
31 of the preceding calendar year.
PROPERTIES SUBJECT OF
A CONTRACT TO SELL

condominium (contract to sell)

the amount already paid shall be declared


as personal property
Liabilities

• Refer to financial liability or anything that can


result to a transfer or disposal of an asset.
Liabilities

NATURE OF LIABILITY - type of loan obtained from banks,


financial institutions, GSIS, PAG-IBIG and others, such as personal,
multi-purpose, salary, calamity loan and the like

OUTSTANDING BALANCE - amount of money that one still


owes on the loan as of December 31 of the preceding calendar
year
Computation of Net Worth

• NET WORTH - sum of all assets (real and


personal) less total liabilities

• In real properties, the acquisition cost shall


be used in the computation of the net worth

• In personal properties, the acquisition cost or


amount/value of money shall be used in the
computation of the total net worth
Declaration of Assets

• CO-OWNED PROPERTIES - declarant shall disclose


the proportionate amount of his share in the property

• MORTGAGED PROPERTY – the actual purchase price


is the acquisition cost, to be declared under real
property
What are excluded in the
computation?

• Properties of unmarried children below 18


years of age living in the declarant’s
household

• Paraphernal or capital properties of


declarant’s spouse
SALN Form – 2nd page
Business Interests/
Financial Connections
and Relatives in the Government
Business Interests /
Financial Connections

• BUSINESS INTERESTS - declarant’s existing


interest in any business enterprise or entity,
aside from his/her income from government

• FINANCIAL CONNECTIONS - declarant’s existing


connections with any business enterprise or
entity, whether as a consultant, adviser and the
like, with an expectation of remuneration for
services rendered
Nature of Interest
refers to existing interest or connection
in any business enterprise, whether as

• proprietor • managing director


• investor • executive
• promoter • creditor
• partner • lawyer
• shareholder • legal consultant or adviser
• officer • financial or business consultant
Relatives in the Government
Relatives Within the 4th Degree

• AFFINITY - relationship of a husband to the


blood relatives of his wife, or a wife to the
blood relatives of her husband

• CONSANGUINITY - relationship by blood from


the same stock or common ancestor
Relatives Within the 4th
Degree

Consanguinity Affinity

1st degree Parents Parents-in-law


Children
2nd degree Grandparents Grandparents-in-law
Grandchildren Brother-in-law
Siblings Sister-in law
Relatives Within the 4th
Degree

Consanguinity Affinity

3rd degree Uncle/Aunt Uncle/Aunt-in-law


Nephew/Niece Nephew/Niece-in-law

4th degree 1st Cousin 1st Cousin-in-law


Who else are included?

• Balae
– a parent of the declarant’s son-in-law or daughter-
in- law
• Bilas
– declarant’s brother-in-law's wife or sister-in-law's
husband
• Inso
– appellation for the wife of an elder brother or
male cousin
Certification and Signature
Certification and Signature

• Declaration should be true and correct


statements
• Identification of the relatives is only to the
best of the declarant’s knowledge
• Both spouses should sign, whether in the
government or private sector
• If signature cannot be acquired, an
explanation should be attached
Pagination

• The format should indicate the total


number of pages of the SALN in case
additional sheets are used
• Such as:
– Page 1 of 3
– Page 2 of 3
– Page 3 of 3
• PURPOSE: To avoid insertions or pulling
out of pages.
Who can administer oath?

• The heads of agencies


– Head of agency shall include the head of office
and/or the head of regional offices
• Those authorized by the head of agency
to administer oath
• Those authorized by law to administer
oath, i.e. notaries public
The authority to administer oath must be in
writing.
Other reminders

• No unnecessary markings.
• Fill all applicable information. Otherwise,
write “not applicable” or “N/A.”
• Filling up the form may be handwritten,
computerized or typed.
• Handwriting must be legible.
Review and Compliance
Procedure
April 30 of every year

• Filing and submission of the SALNs within the


agency
• Personnel/Administrative Division or
Unit/HRMO (MC No. 10, s. 2006)
Review and Compliance
Committee
(CSC Res. 1300455 dated March 4, 2013)

• RCC shall be composed of one (1) Chairman


and two (2) Members

• Main responsibility : to evaluate the SALN


Form if the same has been submitted
– on time
– complete and
– in proper form
Review and Compliance
Committee
(CSC Res. 1300455 dated March 4, 2013)

RCC shall also prepare a list of the following


employees:
1. Those who filed with complete data;
2. Those who filed with incomplete data;
3. Those who did not file.

To be submitted to the Head of Agency, copy


furnished the CSC, on or before May 15 of
every year.
Amendment to CSC MC No.
10, s. 2006*

Section 3. Ministerial Duty of the Head of Office to


Issue Compliance Order.

Within five (5) days from receipt of the


aforementioned list and recommendation, it shall be
the ministerial duty of the Head of Office to issue an
order requiring those who have incomplete data in their
SALN to correct/supply the desired information and
those who did not file/submit their SALNs to comply
within a non-extendible period of thirty (30) days from
receipt of the said Order.”

CSC Resolution No. 1300174 dated January 24, 2013


Review and Compliance
Procedure

• Transmittal of original SALNs on or before


June 30 of every year to the proper repository
agencies
Violations of Public Officers

• Failure of an official or employee to submit


his/her SALN; and
• Failure to disclose or misdeclaration of any
asset, liability, business interest, financial
connection, and relative in the government
in his/her SALN
Penalties

• FIRST OFFENSE
– suspension of one (1) month and one (1) day to six
(6) months

• SECOND OFFENSE
– dismissal from the service
Violation of Head of Agency

• SIMPLE NEGLECT OF DUTY


– failure to comply with CSC Memorandum Circular
No. 10, s. 2006, in relation to the Review and
Compliance Procedure in the Filing and
Submission of the SALN Form
• PENALTY
– FIRST OFFENSE : suspension of one (1) month and
one (1) day to six (6) months
– SECOND OFFENSE: dismissal from the service
Amendment to CSC MC No.
10, s. 2006

Failure to file SALN includes:

• failing to comply within the thirty (30) day


period required under Section 3 of the
amendment; and

• Submission of the SALN beyond thirty (30) day


period.
Jurisprudence
Narita Rabe vs. Delsa M. Flores
A.M. No. P-97-1247, May 14, 1997

NATURE OF THE CASE:


• Failure to declare by Flores in her SALN her interest in a market stall

RULING:
• That respondent had a stall in the market was undoubtedly a business
interest which should have been reported in her Sworn Statement of Assets
and Liabilities. Her failure to do so exposes her to administrative sanction.
• We do not find her administratively liable, however, for failure to divest
herself of the said interest.
• The requirement for public officers, in general, to divest themselves of
business interests upon assumption of a public office is prompted by the
need to avoid conflict of interests.
• In the absence of any showing that a business interest will result in a
conflict of interest, divestment of the same is unnecessary.
Concerned Taxpayers vs.
Norberto V. Doblada Jr.
A.M. No. P-99-1342, June 9, 2005

NATURE OF THE CASE:


• Failure to disclose some of his assets/properties and business interests

RULING:
• Doblada is liable for violation of Section 7 of R.A. 3019 and Section 8 of
R.A. 6713 for having failed to submit a true, detailed and sworn statement
of his assets and liabilities.
• He is dismissed from the service with forfeiture of retirement benefits,
except accrued leave credits, with prejudice to his re-employment in the
government.
Office of the Ombudsman vs. Nieto A. Racho
G.R. No. 185685, January 31, 2011

NATURE OF THE CASE:


• Failure to disclose his bank deposits in his SALN

RULING:
• The Supreme Court ruled that “the discrepancies in the statement of Racho's assets
are not the results of mere carelessness. On the contrary, there is substantial evidence
pointing to a conclusion that Racho is guilty of dishonesty because of his unmistakable
intent to cover up the true source of his questioned bank deposits.”
• Racho was held guilty of dishonesty and was ordered dismissed from the
service with forfeiture of all benefits and perpetual disqualification from
public office pursuant to Sections 7 and 8 of R.A. 3019.
Office of the Court Administrator vs.
Judge Uyag P. Usman
A.M. No. SCC-08-12, October 19. 2011
NATURE OF THE CASE:
• Failure to file SALN for the years 2004-2008.

RULING:
• The Supreme Court agreed with the OCA that Usman is guilty of violating
Section 7 of R.A. No. 3019 and Section 8 of R.A. No. 6713 and ordered
him to pay a fine of Five Thousand Pesos (P5,000.00).
• It is imperative that every public official or government employee must
make and submit a complete disclosure of his assets, liabilities and net
worth in order to suppress any questionable accumulation of wealth.
• This serves as the basis of the government and the people in monitoring the
income and lifestyle of public officials and employees in compliance with
the constitutional policy to eradicate corruption, to promote transparency in
government, and to ensure that all government employees and officials
lead just and modest lives, with the end in view of curtailing and minimizing
the opportunities for official corruption and maintaining a standard of
honesty in the public service.
REPOSITORY AGENCIES

• President
• Vice President
• Chairpersons of COA,
COMELEC & CSC
National Office
• Commissioners of
of Ombudsman
COA, COMELEC &
CSC
• Ombudsman and
his/her Deputies
REPOSITORY AGENCIES

Senators Secretary of the


Senate
REPOSITORY AGENCIES

Representatives Secretary of the


(Congressmen/ House of
Congresswoman) Representatives
REPOSITORY AGENCIES

Justices of the:
• Supreme Court
Clerk of Court
• Court of Appeals of Supreme
• Sandiganbayan Court
• Court of Tax Appeals
REPOSITORY AGENCIES
Judges of:
• Regional Trial Court
• Metropolitan Trial Court
• Municipal Trial Court in
Court
Cities
Administrator
• Municipal Trial Court
• MCTC
• Shari’a District Courts
REPOSITORY AGENCIES
Officers of the AFP from the rank of
Colonel or Naval Captain

ARMY/AIR FORCE NAVY

• Colonel •

Captain
Commodore
Office of the
• Brigadier General


Major General
Lieutenant General


Rear Admiral
Vice Admiral President
• General • Admiral
REPOSITORY AGENCIES

PNP

• Chief Superintendent Office of


• Director
• Deputy Director General
the
• Director General President
REPOSITORY AGENCIES

Philippine Coast Guard

• Commodore, Office of
• Rear Admiral the
• Vice Admiral
• Admiral President
REPOSITORY AGENCIES
Regional officials and employees of
the following offices:

- Departments, bureaus and


agencies of the National Deputy
Government Ombudsman
- Judiciary and Constitutional in their
Commissions and offices respective
- Government owned and/or region
controlled corporations with and (Luzon,
without original charter, and their Visayas or
subsidiaries in the regions Mindanao)
- State colleges and universities
REPOSITORY AGENCIES
Provincial elective officials
and employees including
Governors, Vice-Governors
and Sangguniang Deputy
Panlalawigan Members Ombudsman
in their
City and municipal elective respective
officials and employees region
including Mayors, Vice- (Luzon,
Mayors, Sangguniang Visayas or
Bayan / Panlungsod Mindanao)
Members and Barangay
Officials
REPOSITORY AGENCIES
Officers of the Armed Forces of
the Philippines (AFP) below the
rank of colonel or naval captain
Deputy
• Lieutenant Colonel, Major,
Ombudsman
Captain, 1st Lieutenant and
in their
2nd Lieutenant (Army and
respective
Air Force)
region
• Commander, Lieutenant
(Luzon,
Commander, Lieutenant
Visayas or
Senior Grade, Lieutenant
Mindanao)
Junior Grade and Ensign
(Navy)
• Other enlisted officers
REPOSITORY AGENCIES

Officers of the Philippine Deputy


National Police (PNP) below the Ombudsman
rank of Senior Superintendent in their
respective
• Superintendent, region
• Chief Inspector (Luzon,
• Senior Inspector Visayas or
• Inspector Mindanao)
• Other police officers
REPOSITORY AGENCIES

Officers of the Philippine Coast Deputy


Guard (PCG) below the rank of Ombudsman
Commodore in their
respective
• Captain region
• Commander (Luzon,
• Lieutenant Commander, Visayas or
• Lieutenant, Mindanao)
• Lieutenant Junior Grade and
• Ensign
REPOSITORY AGENCIES

All other officials and employees in


the central/main/national offices
of the following:

• Departments, bureaus and


agencies of the National CSC
Government

• Judiciary and Constitutional


Commissions and offices
REPOSITORY AGENCIES

All other officials and employees in


the central/main/national offices
of the following:

• GOCCs with and without


original charters, and their CSC
subsidiaries in the regions

All other appointive officials and


employees of the Legislature
REPOSITORY AGENCIES

All other central officers below the rank of


Colonel or Naval Captain as well as all
civilian personnel of the AFP

All other central officers (uniformed


personnel) below the rank of Senior
Superintendent as well as all non-uniformed
personnel of the PNP
CSC
All other central officers below the rank of
Commodore as well as all civilian personnel
of the PCG National headquarters
THANK YOU!
CSC/OLA/CML/Jan.2013

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