Professional Documents
Culture Documents
• The awardees are automatically promoted to the next higher rank with an upgraded salary. In case there is no next higher
position or it is not vacant, said position shall be included in the budget of the office in the next General Appropriations
Act.
• Prohibited Acts and Transactions
• Section 7 of the act contains the prohibited acts
and transactions. Doing these acts are considered
unlawful by the constitution.
– Financial and material interest: Public officials and
employees cannot have financial or material interest in
their office, whether directly or indirectly
– Outside employment and other activities related
thereto: These are divided into 3 separate parts. These
acts are prohibited during their incumbency
• a.Having a stake or ownership of a private enterprise that is
handled by their office
• b. Cannot practice their profession unless allowed by the
law which should not conflict with their current functions
and duties
• c. Refer any person to a private enterprise to any position
which has pending or regular transactions with their office.
• These restrictions continue for 1 year after leaving the
public office (for appointed public officers only, not
employees).
• 3. Disclosure and/or misuse of confidential
information: Self explanatory, If it is
confidential info, it is not to be disclosed.
• 4. Solicitation or acceptance of gifts: Officials
and Employees cannot accept gifts during
working hours and if it involves their office. It
is considered a form of bribery.
• Statements and Disclosure
• If you are a public employee, just like officers, you have to
submit SALN also. The only difference is that your assets
would be private to the public and only to be inspected
internally. Only the top public officials like Congress,
Executive Cabinets, Supreme Court and the like would be
publicized, although the media only discloses the total net
worth, this is how we would know who is the richest
congressman. But recent rules have been enacted by the
House of Representatives that would require majority vote
to disclose a particular congressman's SALN.
• I am pretty sure these crocodiles have
something to hide since Sereno’s quo
warranto ruling. Philippine politics ain’t for
******* amateurs, *************.
• Now back to the topic. SALNs are used to identify unexplained wealth and potential
conflicts of interest, which can raise eyebrows. These have been used in the Impeachment
trials of Joseph Estrada and Renato Corona, which is why congressmen have decided to
restrict its access. The courts will have to determine if those rules are constitutional or not.
• Without further ado, here is Section 8 — Statements and Disclosure.
• As specified in section 8, the public has the right to know the following under oath.
– Assets
– Liabilities
– Net worth
– Financial and Business interests
• They also have to include these 4 of their spouses and unmarried children 18 years of age in
their SALNs
• Those who are exempt from filing SALNs are:
– Serving in a honorary capacity
– Laborers
– Casual or Temporary workers
• Remember, SALNs and Financial Disclosure are 2 separate documents that
a public servant must file.
• These 2 documents must contain:
– Real property, its improvements, Acquisition Costs, Assessed value and Fair
Market Value. — Real property is your owned land plus house and any structure
that you cannot move, or whatever improvements made in that land that can
increase its value
– Personal property and acquisition cost — Personal property is the things that you
own that you have bought with your own money or assets. You have to file the
acquisition cost, not current value whether it appreciates or depreciates.
– all other assets such as investments, cash on hand or in banks, stocks, bonds, and
the like; — Self explanatory
– Liabilities — Your debts or obligations owed.
– all business interests and financial connections — All Business activities have to be
disclosed
• These documents must be filed:
• Within 30 days of assumption of office
• on or before April 30 of every year thereafter
• Within 30 days from the separation of office
• Husbands and Wives who are both public officials or employees may file jointly or separately
• SALNs and Financial Disclosure must be filed by these persons:
– Constitutional and National elective officials, with the Office of the Ombudsman
– Senators and Congressmen
– Secretaries of Senate and the House of Representatives
– Justices
– Clerk of Court of the Supreme Court
– Judges
– Court Administrator
– National executive officials under the Office of the President
– Regional and Local officials and employees, along with the regional deputy ombudsman
– Officers of the armed forces from the rank of colonel or naval captain, with the Office of the President, and those
below said ranks, with the Deputy Ombudsman in their respective regions.
– All other public officials and employees, defined in Republic Act 3019 (ANTI-GRAFT AND CORRUPT PRACTICES
ACT), as amended, with the Civil Service Commission.
• As stated in Article 11 Section 16 of the constitution,
these are the officials that would disclose their SALNs
publicly
– President
– Vice President
– Cabinet Members
– Philippine Congress
– Supreme court
– Constitutional Commissions (CSC, COMELEC, COA)
– Constitutional Offices
– AFP officers with general or flag rank
• Identification and disclosure of relatives. — You must disclose your relatives
in the government.
• Accessibility of documents. — The documents mentioned should be made
available for inspection at reasonable working hours.
• They must be available for copying and reproduction after 10 working days
from the time of filing
• Any person requesting a copy of a statement shall be required to pay a
reasonable fee to cover the cost of reproduction and mailing of such
statement, as well as the cost of certification.
• SALNs and Financial Disclosures have a retention rate of 10 years, after that,
they can be destroyed unless needed in an ongoing investigation.
• These documents cannot be used for any purpose contrary to morals or
public policy, or for commercial purposes other by media for purpose of
dissemination.
• Divestment
• According to Section 9 of this Act. A public
official or employee shall not have conflicts of
interest. If it arises, he should resign from his
position within 30 days from assumption and 60
days for his shareholdings or interest.
• Those who are exempted from this are the
same as those exempted from filing SALNs and
Financial Disclosure.
• Accountability of Public Officers
• Article 11 of the Philippine Constitution contains the
ways that public officials can be held accountable. It
also states the nature of public office in the
constitution
• Section 1. Public office is a public trust. Public officers
and employees must, at all times, be accountable to
the people, serve them with utmost responsibility,
integrity, loyalty, and efficiency; act with patriotism
and justice, and lead modest lives.
• As such, public officers and employees need to be
accountable. Impeachment is one of the methods in the
constitution to remove an official from his position as
high ranking officials are immune to criminal charges and
potential conflicts of interest may arise as the
persecution answers to the Department of Justice which
is under the Office of the President. The Ombudsman
may file charges to a special court called the
Sandiganbayan which handles cases of Graft and
Corruption or Municipal Trial Courts for other charges
outside of the jurisdiction of Sandiganbayan.
• These are the officials that can be impeached:
– President
– Vice President
– Members of the Supreme Court
– Members of the Constitutional Commissions
– Ombudsman
• They can be impeached for these reasons, known as the
Articles of Impeachment if a complaint passes through
– Culpable violation of the Constitution
– Treason
– Bribery
– Graft and Corruption
– High Crimes
– Betrayal of public trust
• Other officers and employees are removed through law
but not impeachment.
• Thank You and More Power