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Sunday, June 10, 2012

SALN and Unexplained Wealth

Under the anti-graft law, every public officer is required to submit a true detailed and sworn statement of assets and liabilities (SALN) within 30 days from assuming office. This SALN should also include a statement of the amounts and sources of his income, personal and family expenses as well as the amount of income taxes he paid in the previous year. He must also submit a SALN:

1.) Every year on or before April 15
2.) On the expiration of his term of office
3.) On his resignation, retirement or separation (read: removal) from office

If he assumes office less than 2 months before the end of the calendar year, he can file his SALN on or before April 15 of the next year.

Violations with regard to the SALN are punished with a fine of Php 1,000-5,000 and/or imprisonment of up to 1year and 6 months. There is no minimum prison term. If the violation is proven in an administrative proceeding, perpetual dismissal is proper even if there are no criminal charges filed. An elected official who has been dismissed under RA  3019 can't be reelected.

If (in accordance with RA 1379) an official during his incumbency acquires in his name or for other people money or property that is clearly out of proportion to his salary and other lawful income, that's a ground for dismissal or removal. Properties in the name of his spouse and unmarried children will be considered in the investigation if their acquisition through lawful means can't be proven. This includes bank deposits; ergo, this is an exception to the bank secrecy law.

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