by: Atty. Gregorio B. Austral, CPA
SALN: Still an important tool for public accountability
It is unthinkable that the Ombudsman has taken a different view on transparency and accountability. He wants jail time for critics of the statement of assets, liabilities, and net worth (SALN), claiming that these public documents were being weaponized to destroy the reputation of public officials.
Public office is a public trust and all government officials 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. Upon appointment [or election] to a public office, an officer or employee is required to take his oath of office whereby he solemnly swears to support and defend the Constitution,
bear true faith and allegiance to the same; obey the laws, legal orders and decrees promulgated by the duly constituted authorities; and faithfully discharge to the best of his ability the duties of the position he will hold (City Mayor of Zamboanga vs. Court of Appeals and Eustaquio C. Argana, G.R. No. 80270, Feb. 27, 1990).
Within 30 days after assumption of office, all elected and appointed government officials and employees are required to submit their Statement of Assets, Liabilities and Networth (SALN). Thereafter, public officials and employees have to file their SALN annually on or before April 30 of every year and within 30 days after separation from the service.
While many of those in government service consider the mere act of filing their SALN as full compliance to the law, there are quite a number who ran into trouble in not giving a careful thought and reflection on what should and should not be reflected in the said report.
The SALN is basically a personal statement of financial condition of a government official or employee. It is a statement under oath of what assets a public servant owns and what liabilities he owes to his creditors at the end of the year. The difference between the total assets and the total liabilities is the networth. It is also important to disclose business interests and financial connections as this would help in determining whether a public official or employee has conflict of interest in government transactions he approves or where he has a participation.
The SALN is an important tool in preventing corruption. A simple comparison of a public official’s networth at the beginning and end of the year may reveal a significant increase in networth. When compared to the salary he receives from government and his income from other legitimate sources, a significant increase in networth which is disproportionate to his income raises the red flag that a government official or employee is amassing unexplained wealth. Under Sec. 8 of R.A. 3019, if a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal.
There is a need for a public official to carefully make an inventory of his assets since a non-declaration of a single asset may cause him several cases such as violation of R.A. 3019, Perjury, etc. It is also important that when an asset is acquired by loan or credit, the corresponding liability must be declared to avoid making it appear that the asset was acquired using government salary.
The preparation of the SALN should not be taken for granted because once a graft case is filed at the Office of the Ombudsman, it is difficult to justify an omission or a discrepancy. Aside from the Ombudsman, the BIR is also there to run after public officials who have accumulated unexplained wealth.
The public expects them to be forthright in the disclosure of their assets, liabilities and networth. Public officials should not take advantage of their office as a lucrative means of self-aggrandizement. Public office is not a business that yields profits. Public servants must exhibit at all times the highest sense of honesty and dedication to duty.
But now, the Ombudsman wants to send you to jail if you comment on the SALN of government officials and employees.