constitutional law, Criminal law, News, The News Media

Pertinent laws on disclosure of the SALN (Statement of Assets, etc)

Pertinent laws on disclosure of the SALN (Statement of Assets, Liabilities, and Networth)

Part One (sowee, because i wake up at the same hour regardless of everything — have been advised by the health consultant to  be asleep by 11am;  can’t always comply but i try, don’t ask why because  you’ll get a bye-bye; ta-tah, i’ll finish this  in the next post)    

 If a reporter asks for access to the SALN (to look at,  or to view and to photocopy at his/her own expense)  of a public official; and is refused, is there anyone liable for such refusal? Who would be liable?

The following are the pertinent provisions:

      The Constitution:

“Art. XI, Section 17. A  public  officer  or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members 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 manner provided by law” (Underscoring supplied. Article XI, Section  17,  1987 Constitution).

  “(I)n the manner provided by law….” refers to the following requirements laid down by law:

       Republic Act 6713, Code of Conduct and Ethical Standards for Public Officials and Employees:

      “Section 8.  Statements  and  Disclosure. – Public officials and employees have an obligation 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.” 

        Republic Act 6713, Code of Conduct and Ethical Standards for Public Officials and Employees:

      The Anti-Graft and Corrupt Practices Act of the Philippines, as follows:  

      “Section 7. Statement of Assets and Liabilities. – Every public officer, within thirty days after assuming office and, thereafter, on or before the fifteenth day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office, shall prepare and file with the office of the corresponding Department Head,  or in the case of a Head of Department or Chief of an independent office, with the Office of the President,  a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year; xxx….”(Section 7, Republic Act 3019, as amended, the Anti-Graft and Corrupt Practices Act of the Philippines, as amended by RA 3047, PD 677 and PD 1288, January 24, 1978) 

[TO BE CONTINUED. zzzzzzz(pretending to sleep for the health consultant)]

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