Panay News

Immunity from scrutiny

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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

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