An open season for corruption

The Code of Conduct and Ethical Standards for Public Officials and Employees requires public officials and employees to lead modest lives appropriate to their positions and income and not indulge in an extravagant or ostentatious display of wealth in any form[Sec. 4(h), R.A. No. 6713].
Towards this end, the law requires public officials and employees 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. These declarations are contained inthe Statement of Assets, Liabilities, and Net Worth or SALN. As part of its mandate, the Office of the Ombudsman is mandated to conduct a lifestyle check on public officials as an investigation strategy to determine the existence of an ill-gotten and unexplained wealth of officials and employees of the government.
According to the Office of the Ombudsman’s website, the fact-finding units of the Ombudsman (OMB) investigated officials of the Bureau of Customs, Bureau of Internal Revenue, Department of Public Works and Highways, Department of Finance, and Local Government Units for unexplained wealth in the year 2007. It uncovered that the largest amount of unexplained wealth include: Customs Operations Officers – P37,202,738; Provincial Treasurer – P20,627,079.91; City Treasurer – P18,407,311.61; Revenue Officer – P15,611,572; Project Director – P15,496,974.41; and Assistant Project Director – P14,235,514.10 (www.ombudsman.gov.ph).
A review of court decisions shows that several public officials and employees were found guilty of unexplained wealth, and one of the tools used to uncover their hidden wealth is the SALN. Despite the long line of cases using the SALN as a tool to uncover corruption, it is quite surprising that the Ombudsman himself recently made public criticism of the SALN as a primary tool in checking the lifestyles of public officials and employees suspected of amassing questionable wealth. It is revolting to note that the protector of the people openly assailed the very law that he is supposed to enforce as “illogical” in order to justify his decision to stop lifestyle checks on officials suspected of stealing taxpayers’ money and in order to restrict public access to copies of the annual statement of assets, liabilities and net worth (SALN) of all officials – from the President down to Supreme Court justices.
The Ombudsman’s ‘distorted values and distorted priorities’ concept shows his lack of understanding on how a fundamental accounting equation of ‘Assets minus Liabilities equals Net Worth’ when compared to a public official’s salaries from government service and income from business interests can reveal a disproportionate lifestyle of a public servant. While it may be true that some government officials and employees have learned the trick to avoid being caught by using dummies for bank accounts and properties, this practice should not be used as a justification by the ‘protector of the people’ to renege on a mandate imposed by law.
The public declaration by no less than the Ombudsman that there are no more lifestyle checks conducted on public officials and employees’ ushers in an open season for corruption. It makes the Office of the Ombudsman the infamous ground where public accountability is buried or hidden in its deep dark secrets. By ATTY. GREG BORJA AUSTRAL, CPA