Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

2827

HOUSE BILL NO.

Introduced by AKBAYAN Representatives Walden F. Bello and Kaka J. Bag-ao

EXPLANATORY NOTE

In his first State of the Nation Address, the President emphasized that one of the key
initiatives of his administration would be to clamp down on the corruption that has
unfortunately become so widespread and pervasive among the ranks of those in the
government service.

His bold declaration during the campaign that “Kung walang corrupt, walang mahirap,”
underscores that ultimately, this drive to eliminate corruption in government is
intended to be a crucial first step in addressing the very real and very urgent needs of
the impoverished majority of the Filipino people.

Half a century ago, with the enactment of Republic Act No. 3019 and its provisions
requiring mandatory disclosure by all public officials and employees of their finances
and financial interests, Congress already recognized that essential to any government
drive against corruption is a policy of full transparency on the part of all those in the
government service. Only full and open public scrutiny would guarantee that
impropriety and official abuse for personal and financial advantage would be quelled
and avoided

Simply put, the Constitutionally-enshrined principle that “Public office is a public trust,”
could only be realized in an atmosphere of full disclosure and transparency on the part
of those in the public service

Even the Supreme Court, in the landmark case of Morfe v. Mutuc, which upheld the
disclosure requirements first established in RA 3019, explicitly recognized that the
statute “was precisely aimed at curtailing and imizing the opportunities for official
corruption and maintaining a standard of honesty in the public service” and was
“intended to further promote morality in public administration.”

The disclosure requirements in RA 3019 have now been superseded by the rules
governing the mandatory filing of the Statement of Assets, Liabilities, and Net Worth °
(SALN) and the Disclosure of Business Interests and Financial Connections by all public
officials and employees under Republic Act No. 6713 known as the “Code of Conduct
and Ethical Standards for Public Officials and Employees.

But while the principle sought to be upheld by the SALN provisions under RA 6713 is
indisputably laudable, past experience by citizens’ groups and civil society organizations
that have attempted to obtain copies of the statements filed by public officials has


underscored the difficulty and frustration inherent in the current manner in which the
statutory policy is currently being implemented.

There is therefore an urgent need to clarify the rules on access to the SALN of public
officials and employees to ensure that the principles of transparency, open and public
scrutiny, and ultimately honesty and integrity in public service are truly upheld. It is only
by doing this can it be ensured that we indeed walk the “tuwid na daan” our President
has challenged us to travel

It is in this context, and in pursuit of this objective, that the following measure amending
RA 6713 is proposed

WALDEN F. BELLO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House sino. 282'7

Introduced by AKBAYAN Representatives Walden F. Bello and Kaka J. Bag-ao

AN ACT
PROMOTING TRANSPARENCY IN THE GOVERNMENT SERVICE BY
ENHANCING PUBLIC ACCESS TO THE STATEMENT OF ASSETS, LIABILITIES
AND NET WORTH AND THE DISCLOSURE OF BUSINESS INTERESTS AND
FINANCIAL CONNECTIONS FILED BY PUBLIC OFFICIALS AND EMPLOYEES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled.

SECTION 1. Title — This Act shall be known as the “Silip SALN Act of 2010.”

SECTION 2. Declaration of Policy ~ A fundamental principle that lies at the heart
of our democratic system of government is that public office is a public trust, and that
public officials and employees must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism
and justice, and lead modest lives. In order to uphold this principle and ensure
accountability, honesty, and integrity in the government service, all public officials and
employees are required by law to accomplish and submit declarations under oath of
their assets, liabilities, net worth and financial and business interests, as well as those of
their spouses and children under eighteen years of age living in their households. The
purpose of making and filing this declaration is to allow public and open scrutiny the
public officer's finances and financial interests, so that any impropriety or abuse of
office for financial gain will be readily revealed, thus discouraging the same.

SECTION 3. Amendment of the Rules for Accessibility of Documents under
Republic Act No. 6713. ~ In furtherance of the above-stated policy, Section 8, Paragraph
(C) of Republic Act No. 6713, known as the “Code of Conduct and Ethical Standards for
Public Officials and Employees,” is hereby amended as follows:

“SECTION 8. x xx
(C) Accessibility of documents. —

(1) Any and all statements filed under this Act, shall be made available for
inspection at reasonable hours. Except for the limitation stated in the
preceding sentence, the right of any person to inspect these statements
shall be absolute and may not be denied or restricted for any reason or
‘on any ground by the public ot office, or agency entrusted by this

Act with custody of the same.



(2) Such statements shall be made available for copying or reproduction
after ten (10) working days from the time they are filed as required by
law.

(3) Any person requesting a copy of a statement shall do so personally,
by mail, or electronically, addressing the request to the public officer,
office, or agency entrusted by this Act with custody of such statement,
and shall be required to pay a reasonable fee to cover the cost of
reproduction and/or mailing of such statement, as well as the cost of
certification. The public officer, office, or agency receiving the request
shall comply with the same within five (5) working days from receipt
thereof.

[4) Apart from the requirements under the two preceding paragraphs,
the right of any person to obtain copies or reproductions of such
statements shall be absolute, and no denial on any ground may be

made, or any other restriction or limitation imposed, by the public
officer, office, or agency entrusted by this Act with custody of the same.

{(4)] (5) Any statement filed under this Act shall be available to the public
for a period of ten (10) years after receipt of the statement. After such
period, the statement may be destroyed unless needed in an ongoing
investigation.

(6) The respective public officer, office, or agency entrusted by this Act
with custody of the statements filed by all Constitutional and national
elective officials, Senators and Congressmen, and Justices of the
Supreme Court shall make electronic copies of the same available on

the websites of their respective offices or agencies within thirty (30)
calendar days from the time they are filed as required by law.

{7) The electronic copies of all such statements shall be kept available

‘on the websites of the respective public officer, office, or agency for at

least three (3) years from the time they are uploaded.”

SECTION 4. Separability Clause. - If any provision of this Act, or any part thereof,
is declared unconstitutional, the same shall not affect the validity and effectivity of the
other portions.

SECTION 5. Repealing Clause. ~ All laws, executive orders, presidential decrees,
proclamations, rules, regulations, issuances and enactments or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity — This Act shall take effect after fifteen (15) days from its
complete publication either in the Official Gazette or in a newspaper of general

circulation in the Philippines, whichever comes earlier.

APPROVED,