Solon seeks more stringent review and compliance procedure

for SALN filing

A House member is seeking the strengthening of the Code of Conduct and Ethical
Standards for Public Servants by providing among others a more stringent review and
compliance procedure in the filing and submission of the Statement of Assets, Liabilities
and et !orth "SAL# and $isclosure of %inancial and &usiness 'nterests to ensure more
transparency in the government(
)he more detailed SAL filing review and compliance procedure is one of the
measures recommended by *ep( Evelina +( Escudero ",
st
$istrict, Sorsogon# in House
&ill -./0 or the proposed 1Enhanced Code of Conduct and Ethical Standards for Public
Servants(2
Escudero said *epublic Act 3.,0, otherwise known as the 1Code of Conduct and
Ethical Standards2 enacted 45 years ago, needs updating to adapt to current situations in
public administration, and to keep abreast with international agreements the country has
entered into, one of which is the 6nited ations Convention Against Corruption
"6CAC#(
1'n all the e7isting anti8corruption laws in the country, it is *A 3.,0 that is all
encompassing in making it clear that corruption is not acceptable in society by providing
ethical standards by which every public official and employee must comply, and by
providing a system of rewards that would motivate public officials and employees to do
well in the performance of their functions,2 said Escudero(
Escudero, a vice chairperson of the House Committees on Higher and )echnical
Education, and Cooperatives $evelopment, said an evaluation of the law9s implementation
indicates specific areas of improvement which include the definition of 1public official,2
provisions on the SAL, system of rewards and incentives, and penalties imposed for
violations of its provisions, and establishing cooperation and collaboration with the public
and civil society groups in the monitoring and implementation of the law, among others(
1!ith these areas identified, the proposed amendments to *A 3.,0 specifically
address the gap on the coverage of the law by broadening the definition of the term :public
official9 and ensuring more transparency in the government,2 she said(
)he bill now pending at the Committee on Civil Service and Professional
*egulation chaired by *ep( Andres Salvacion, ;r( "0
rd
$istrict, Leyte# provides that all
public servants, e7cept those who serve in an honorary capacity, shall file under oath, their
SALs and those of their spouses and children or partners, regardless of their legal status(
NR # 3623
OCT. 18, 2014
)he SAL shall be filed with the <ffice of the <mbudsman within 0= days after
assumption of office> on or before April 0= of every year thereafter> and 0= days before
the effectivity date or separation from the service, the bill provides(
)he bill empowers the <mbudsman, Civil Service Commission "CSC# and
Commission Audit "C<A# to obtain, at any time, all documents as may show the
declarant9s assets, liabilities, net worth, and business interests and financial connections,
commencing from the time the declarant was employed or engaged by the government,
and from all agencies, banks and financial institutions whether private or public(
'n the case of the President, the ?ice President, the @embers 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 most accessible and convenient medium, e(g( website(
)he bill provides for a review and compliance procedure in the SAL filing( 't
provides that all public servants shall file under oath their SAL with their respective
ChiefAHead of PersonnelAAdministrative $ivisionA6nit or Human *esource @anagement
<ffice within 0= days after assumption of office> on or before April 0= of every year
thereafter> and 0= days before the effectivity date or separation from the service(
6pon receiving the public servants9 SAL and disclosure, the ChiefAHead of
PersonnelAAdministrative $ivisionA6nit or Human *esource @anagement <ffice shall
forward the same to the *eview and Compliance Committee "*CC#, the bill provides(
)he measure provides that each office or agency shall have an *CC, which shall be
composed of one chairman and two members( )he *CC shall be designated and
authoriBed by the agency head to receive the SAL and disclosure, and evaluate if this has
been submitted on time, complete and in proper form(
)he *CC shall also prepare a list of the following public servants, in alphabetical
order, to the agency head, copy furnished the Civil Service Commission "CSC# on or
before @ay ,5 of every yearC those who filed their SALs with complete data> those with
incomplete SAL data> and those who did not file their SALs(
!ithin five days from receipt of these lists, it shall be the ministerial duty of the
agency head to issue an order reDuiring those who have incomplete SAL data to correct
or supply the desired information and those who did not file or submit their SALs to
comply within a non8e7tendable period of 0= days from receipt of said order, the bill
provides(
%ailure of a public servant to correct, complete or submit his or her SAL based on
the procedure and within the deadline shall be a ground for disciplinary action and
penalties which could either be one month and one day to si7 months for the first offense,
or dismissal from the service for the second offense(
Heads of agencies or offices who fail to comply with their responsibilities
pertaining to SAL filing of public servants shall be liable for Simple eglect of $uty,
punishable by one month and one day to si7 months for the first offense, and dismissal
from service for the second offense(
)he *CC shall transmit all original copies of the SALs received on or before ;une
0= of every year to the <ffice of the <mbudsman(
Another salient feature of the bill is the creation of the Code of Conduct Committee
"CCC#, a multi8sectoral anti8corruption committee headed by the CSC Chairman and the
<mbudsman, and as members the C<A chairperson, one representative from any
recogniBed government employee association, and one civil society organiBation
representative to be appointed by the President( )he CC will develop, coordinate and
implement anti8corruption policies(
)he bill defines corruption as 1the use of public office for personal gains, which
include but is not limited to bribery, e7tortion, fraud, embeBBlement, nepotism, cronyism,
appropriations of public assets and properties for private use and influence peddling(2
't refers to 1public servant2 as 1any person holding or performing a public function
in the legislative, e7ecutive, administrative or Eudicial office in the government, regardless
of status of employment or engagement, and whether or not they receive compensation,
e7cept foreign nationals designated as honorary consuls( Provided that services rendered
of those engaged by contract of service or Eob order shall not be considered government
service(2
)he measure also provides for systems of incentives and rewards for public servants
for their outstanding work performance, and e7emplary and ethical behavior( 't also
proposes a system of reward and protection to whistleblowers or those who e7pose
wrongdoings and corruption in the government( "0=# rbb