Immunity from scrutiny
YESTERDAY a mid-level public official was seen in a photograph wearing a watch that, if genuine, would be enough to buy a modest house plus change. Right there she flouts the law requiring public officials and employees to lead modest lives.
Corruption may not be as old as heed the call of greed and avarice…” prostitution, but it has been with us This has been upgraded to a for a long time. constitutional requirement.
Dishonesty i n public office In 1987, in reaction to the alleged had antedated the presidency of cronyism that plagued the Marcos Ferdinand Marcos. The Anti-Graft dictatorship, the framers of the new and Corrupt Practices Act was passed Constitution resolved to inject a six decades ago in order to reduce provision requiring public officials, opportunities for corruption in public upon assumption to office, to submit office and to maintain a standard of a declaration under oath of his assets, honesty among government officials. liabilities and net worth, or the SALN.
The anti-graft act of 1960 thus Article 11, section 17 of the requires the periodic filing of a Constitution provides that in the case statement of assets and liabilities. of the President, the Vice President,
A perfunctory challenge to the the members of the Cabinet, the validity of this requirement was Congress, the Supreme Court, the filed in the Supreme Court anchored constitutional commissions and on an individual’s right to privacy other constitutional offices, and enshrined in the Constitution. The officers of the armed forces with petition was rejected. The measure general or flag rank, the declaration was ruled to be consistent with shall be disclosed to the public in the the power of the State to promote manner provided by law. morality in public service. The Constitution has thus placed
To deny Congress the power public officials of high station to impose such requirement of in a custom- built aquarium of transparency among public officials transparency. Again, this was to would be to ignore, according to obviate a repetition of the excesses Justice Fernando, “the harsh and of martial law that was notorious compelling realities of public service for leaving unchecked the hidden with its ever-present temptation to wealth and profligate lifestyles of
those who lived near the vortex of political power.
Even Congress is now powerless to do away with the SALN requirement.
Consequently, t he code of ethics for government employees requires the filing of the SALN upon assumption to office and by the 30th of April of every year while in public office. The apparent intent is to track the official’s personal wealth and ensure that he does not unduly enrich himself while in office.
Notably, the same law requires that the SALN be made available for inspection at reasonable hours. It may also be obtained by news and communications media for dissemination to the general public. The rule is transparency, the only exception being that it is unlawful to use the SALN for a purpose that is “contrary to morals or public policy.”
Two chief justices of the Supreme Court have so far been ousted from office on allegations relating to their SALN. Joseph Estrada resigned the presidency after the public outrage that followed presentation of evidence that he owned assets way more substantial than his sworn declaration. This illustrates how this document can affect one’s tenure in public office. Discounting its importance can set the wheels of impeachment in motion.
The public has not seen the SALN of President Duterte for the years 2018 and 2019. He is the first president not to have publicly released his declaration throughout the existence of the current Constitution.
Upon queries by members of the media, presidential spokesperson Harry Roque said it is up to the Office of the Ombudsman to decide whether to make public the president’s SALN. He said that the Ombudsman has a mechanism in place that the people must follow if they seek to secure a copy of the SALN. What Roque is not saying is that
COME TO THINK OF IT/14