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Published byAntony Arnold Merritt Modified over 9 years ago
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2013SALN STATEMENT OF ASSETS, LIABILITIES
AND NETWORTH and its GUIDELINES
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“Recognizing the importance of the SALN as a tool to deter corruption in government, the CSC deems it necessary to continue fine-tuning the form to make filling it out easier, but still having the needed “alarm” indicators to determine illegally acquired wealth of public officials and employees.” “We don’t want token compliance among public officials and employees.” explained CSC Chair Francisco T. Duque III
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What is the SALN? Statement of assets, liabilities and net worth;
Disclosure of financial connections or business interests; Identification of relatives within the fourth degree of consanguinity or affinity, including bilas, balae and inso
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FOR CHANGE? Why is there a NEED
The previous form was found to be deficient As a result, government agencies cannot fully prosecute erring officials with regard to unexplained wealth To remove the confusion in filling out the SALN Form
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Purpose ACTION TAKEN? What was the
CSC constituted a Technical Working Group (TWG) Purpose To review the SALN Form in order to cure its incompleteness and to make the same in full compliance with the applicable laws In 2011, CSC issued the Revised SALN Form incorporating the agreements made during the SALN-TWG meetings.
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ACTION TAKEN? What was the Issued Raised
The revised Form was met with oppositions from several government sectors Issued Raised Form is burdensome to fill out The legal basis is not correct
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ACTION TAKEN? What was the 15 March 2012 16 March 2012
CSC resolved to defer the use of the 2011 Form and allowed the use of the 1994 Form 16 March 2012 CSC agreed to re-constitute the TWG to resolve the issues facing the 2011 SALN Form
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TWG Members PSUs Office of the President Department of Justice
Senate of the Philippines Department of Finance House of Representatives Department of Budget and Management Supreme Court Department of the Interior and Local Government Office of the Ombudsman Government Commission for GOCCs Commission on Audit Confederation of Independent Unions PSUs Philippine Government Employees Association
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The New SALN Form CSC Resolution No 24 January 2013
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LEGAL Basis 1987 Philippine Constitution Republic Act No. 6713
The Code of Conduct and Ethical Standards for Public Officials and Employees
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REQUIRED TO FILE? Who are All Officials and Employees
National and local government SUCs GOCCs and their subsidiaries, with or without original charter
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Who are EXEMPTED from filing? Those serving in honorary capacity
Those holding career positions under TEMPORARY STATUS are required to file their SALN Those serving in honorary capacity Laborers Casual or temporary workers
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1 Basic FEATURES The following have been removed
Amount and sources of income Amount of personal and family expenses Amount of income taxes paid
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2 3 4 Basic FEATURES Nature of real properties was removed
Subcategories under personal properties – Tangible and Intangible – were removed 4 Basis of assessed value and current fair market value was clarified – it should be the amount found in tax declaration of the real properties
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Basic FEATURES 5 On the filing of spouses who are both government employees – the manner by which they should file their SALN was clarified 6 Identification of relatives is required to be “to the best of my knowledge” and the other declarations are “true and correct statements”
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Filling out the SALN Form
Fill it out together with the Guidelines which was arranged to match the sequence of information needed from the Declarant
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Basic INFORMATION Declarant is single or married but whose spouse is not in government service – Tick off the box marked “Not Applicable” Statement Date – As of ________ Husband and wife who are both public officials and employees.
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Basic INFORMATION In case of Joint Filing – all real and personal properties shall be declared, including paraphernal and capital properties Statement Date – As of ________ Husband and wife who are both public officials and employees. PARAPHERNAL – properties exclusively owned by the wife CAPITAL – properties exclusively owned by the husband
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Basic INFORMATION Declarant shall provide information on address
If third party requests for the SALN – the agency shall have the option to conceal the address Statement Date – As of ________ Husband and wife who are both public officials and employees.
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New column on Children’s AGE
Declarant’s CHILDREN Whether legitimate or illegitimate New column on Children’s AGE Children who are supported by the declarant but living outside the household due to studies need not be declared as the law contemplates actual presence in the household
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REAL Properties Properties which are immovable by nature DESCRIPTION
Land only or land with building House and lot, Condominium unit Improvement – extension, garage, etc. Improvements Works constructed or introduced to the land Repairs or improvements made to the land or building after its initial acquisition May be declared separately or together with the land to which it is attached
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REAL Properties Properties which are immovable by nature Improvements
May be declared separately or together with the land to which the improvement is attached
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REAL Properties For SALN Purposes,
Classified according to their use – residential, commercial, agricultural, industrial or mixed use and the like
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Titled/Registered Properties
REAL Properties Titled/Registered Properties In the declarant’s name In the name of declarant’s spouse In the name of declarant’s unmarried children below 18 years Also include properties already covered by deed of sale or extrajudicial settlement but not yet titled
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REAL Properties ASSESSED VALUE FAIR MARKET VALUE
Amount indicated in the tax declaration of the real properties involved FAIR MARKET VALUE Amount indicated as market value in the tax declaration of the real properties concerned
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REAL Properties ACQUISITION COST
Amount of money paid to acquire or own something Also refers to the amount of expenses incurred for improvements introduced on a real property
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REAL Properties No Acquisition Cost
In the case of properties received gratuitously Ex. – Donation or Inheritance
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PERSONAL Properties PERSONAL PROPERTY PERSONAL PROPERTY
Includes jewelry, appliances, furniture, motor vehicles and other tangible/movable properties PERSONAL PROPERTY Also include investments or other assets, such as cash on hand or in bank, negotiable instruments, securities, stocks, bonds, and the like
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Declaration of ASSETS Co-owned Properties
Declarant shall disclose the proportionate amount of share in the property Properties Subject of a Contract to Sell The amount already paid shall be declared as personal property
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Declaration of ASSETS Mortgaged Property
The actual purchase price is the acquisition cost LIABILITY to be declared shall be the outstanding balance of the loan as of December 31 of the preceding year
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LIABILITIES Financial liability or anything that can result to a transfer or disposal of an asset Nature Type of loan obtained from banks, financial institutions, GSIS, PAG-IBIG and others, such as personal, multi-purpose, salary, calamity loan and the like Outstanding Balance Amount of money that one still owes on the loan as of December 31 of the preceding calendar year
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NETWORTH Real Properties Personal Properties
Sum of all assets (real and personal) less total liabilities The acquisition cost shall be used in the computation of the net worth Real Properties The acquisition cost or amount/value of money shall be used in the computation of the total net worth Personal Properties
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NETWORTH
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EXCLUDED in the Computation
Properties of unmarried children below 18 years of age living in the declarant’s household Paraphernal or capital properties PARAPHERNAL – properties exclusively owned by the wife CAPITAL – properties exclusively owned by the husband
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SPOUSES both in the Public Service SEPARATE FILING JOINT FILING
Paraphernal or capital properties shall not be included in the computation of Declarant’s net worth SEPARATE FILING The total assets of the spouses shall include their respective paraphernal or capital properties JOINT FILING
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SALN Form Page 2
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Business Interests and
Financial Connections Relatives in the Government
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FINANCIAL CONNECTIONS
Business Interests Financial Connections BUSINESS INTERESTS Existing interest in any business enterprise or entity, aside from his/her income from government FINANCIAL CONNECTIONS Existing connections with any business enterprise or entity, whether as a consultant, adviser and the like, with an expectation of remuneration for services rendered
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Financial Connections
Business Interests Financial Connections Nature of Interest Existing interest or connection in any business enterprise, whether as proprietor, investor, promoter, partner, shareholder, officer, managing director, executive, creditor, lawyer, legal consultant or adviser, financial or business consultant, and the like
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RELATIVES in the Government AFFINITY CONSANGUINITY
Relationship of a husband to the blood relatives of his wife, or a wife to the blood relatives of her husband CONSANGUINITY Relationship by blood from the same stock or common ancestor
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RELATIVES within the 4th Degree CONSANGUINITY AFFINITY 1st Degree
Parents Children Parents-in-Law 2nd Degree Grandparents Grandchildren Siblings Grandparents-in-Law Brothers-in-Law Sisters-in Law
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RELATIVES within the 4th Degree CONSANGUINITY AFFINITY 3rd Degree
Uncle/Aunt Nephew/Niece Uncle-in-Law Aunt-in-Law Nephew-in-Law Niece-in-Law 4th Degree 1st Cousin 1st Cousin-in-Law
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RELATIVES Others Included BALAE
A parent of the declarant’s son-in-law or daughter-in- law BILAS Declarant’s brother-in-law's wife or sister-in-law's husband INSO Appellation for the wife of an elder brother or male cousin
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Certification and Signature
Declaration should be true and correct statements Identification of relatives only to the best of declarant’s knowledge Both spouses should sign, whether in the government or private sector If signature cannot be obtained, an explanation should be attached
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Pagination TOTAL PAGES
In case additional sheets are used, the total number of pages must be specified SAMPLE Page 1 of 3 Page 2 of 3 Page 3 of 3 PURPOSE To avoid insertions or pulling out of pages
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Additional Sheets SAMPLE SHEETS FOR: Declarant
Declarant’s spouse and unmarried children below 18 years of age living in the household
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Additional Sheets INDICATE: Name of the declarant Position Agency name
Year covered by the SALN, Shall be signed on each page
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ADMINISTER OATH? Who can The heads of agencies
Those authorized by the head of agency the authority to administer oath Those authorized by law to administer oath – i.e. notaries public The authority to administer oath must be in writing
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REMINDERS – Submission
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REMINDERS – Submission
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REMINDERS – Submission
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REMINDERS – Submission
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Other REMINDERS No unnecessary markings
Fill all applicable information – Otherwise, write “Not applicable” or “N/A” May be handwritten, computerized or typewritten Handwriting must be legible
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VIOLATIONS of Public Officers/Employees PENALTIES
Failure of an official or employee to submit SALN PENALTIES FIRST OFFENSE Suspension of one (1) month and one (1) day to six (6) months Failure to disclose or misdeclaration of any asset, liability, business interest, financial connection, and relatives in the government in the SALN SECOND OFFENSE Dismissal from the service
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VIOLATION of Agency Heads SIMPLE NEGLECT OF DUTY PENALTIES
FIRST OFFENSE Suspension of one (1) month and one (1) day to six (6) months Failure to comply with CSC Memorandum Circular No. 10, s. 2006, in relation to the Review and Compliance Procedure in the Filing and Submission of the SALN Forms SECOND OFFENSE Dismissal from the service
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Amendment to CSC MC No. 10, s. 2006 Section 3. Ministerial Duty of the Head of Office to Issue Compliance Order
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Constitute failure to file SALN
Amendment to CSC MC No. 10, s. 2006 Failure to comply within the 30-day period required under Section 3 of the amendment Submission of the SALN beyond 30-day period. Constitute failure to file SALN
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Thank you! Q&A
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