I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
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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