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2013SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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Page 1: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

2013SALNSTATEMENT OF ASSETS, LIABILITIESAND NETWORTH and its GUIDELINES

Page 2: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

“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

Page 3: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

What is the SALN?

Page 4: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Why is there a NEED FOR CHANGE?

Page 5: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

CSC constituted a Technical Working Group (TWG)

In 2011, CSC issued the Revised SALN Form incorporating the agreements made during the SALN-TWG meetings.

To review the SALN Form in order to cure its incompleteness and to make the same in full compliance with the applicable laws

Purpose

What was the ACTION TAKEN?

Page 6: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

What was the ACTION TAKEN?

The revised Form was met with oppositions from

several government sectors

Form is burdensome to fill out

The legal basis is not correct

Issued

Raised

Page 7: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

What was the ACTION TAKEN?

CSC resolved to defer the use of the 2011 Form and allowed the use of the 1994 Form

15 March 2012

CSC agreed to re-constitute the TWG to resolve the issues facing the 2011 SALN Form

16 March 2012

Page 8: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

TWG MembersOffice of the President

Senate of the Philippines

House of Representatives

Supreme Court

Office of the Ombudsman

Commission on Audit

Department of Justice

Department of Finance

Department of Budget and ManagementDepartment of the Interior and Local GovernmentGovernment Commission for GOCCs

PSUsConfederation of Independent Unions

Philippine Government Employees Association

Page 9: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

The New

SALN

FormCSC Resolution No. 13-0017324 January 2013

Page 10: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

LEGAL Basis1987 Philippine Constitution

Republic Act No. 6713• The Code of Conduct and

Ethical Standards for Public Officials and Employees

Page 11: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Who are REQUIRED TO FILE?All Officials and Employees

National and local government

SUCs

GOCCs and their subsidiaries, with or without original charter

Page 12: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Who are EXEMPTED from filing?

Those serving in honorary capacity

Laborers

Casual or temporary workers

Those holding career positions under TEMPORARY STATUS are required to file their SALN

Page 13: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Basic FEATURES

The following have been removed1 Amount and sources of income Amount of personal and family expenses Amount of income taxes paid

Page 14: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Basic FEATURES

Nature of real properties was removed2Subcategories under personal properties – Tangible and Intangible – were removed3Basis of assessed value and current fair market value was clarified – it should be the amount found in tax declaration of the real properties

4

Page 15: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Basic FEATURESOn the filing of spouses who are both government employees – the manner by which they should file their SALN was clarified

5Identification of relatives is required to be “to the best of my knowledge” and the other declarations are “true and correct statements”

6

Page 16: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Filling out the

SALN FormFill it out together with the Guidelines which was arranged to match the sequence of information needed from the Declarant

Page 17: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Basic INFORMATION

Declarant is single or married but whose spouse is not in government service – Tick off the box marked

“Not Applicable”

Page 18: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Basic INFORMATION

In case of Joint Filing – all real and personal properties shall be declared,

including paraphernal and capital propertiesPARAPHERNAL – properties exclusively owned by the wife

CAPITAL – properties exclusively owned by the husband

Page 19: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Page 20: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Declarant’s CHILDREN

New column on Children’s AGE

Whether legitimate or illegitimate

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

Page 21: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Page 22: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REAL Properties Properties which are immovable by nature

Improvements May be declared separately or together

with the land to which the improvement is attached

Page 23: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REAL Properties

For SALN Purposes,Classified according to their use –

residential, commercial, agricultural, industrial or mixed

use and the like

Page 24: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REAL PropertiesTitled/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

Page 25: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REAL Properties

ASSESSED VALUE

Amount indicated in the tax

declaration of the real properties

involved

FAIR MARKET VALUEAmount indicated as

market value in the tax declaration of the real properties concerned

Page 26: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Page 27: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REAL Properties

No Acquisition Cost In the case of properties received

gratuitously Ex. – Donation or Inheritance

Page 28: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

PERSONAL Properties

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

Page 29: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Declaration of ASSETS

Declarant shall disclose the proportionate amount of share in the property

Co-owned Properties

The amount already paid shall be declared as personal property

Properties Subject of a Contract to Sell

Page 30: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Declaration of ASSETS

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

Mortgaged Property

Page 31: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

LIABILITIES

NatureType of loan obtained from banks, financial

institutions, GSIS, PAG-IBIG and others, such as personal, multi-purpose, salary, calamity loan and

the like

Financial liability or anything that can result to a transfer or disposal of an asset

Outstanding Balance

Amount of money that one still owes on the loan as of

December 31 of the preceding calendar

year

Page 32: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

NETWORTH Sum of all assets (real and

personal) less total liabilities

• The acquisition cost shall be used in the computation of the net worth

Real Properti

es

• The acquisition cost or amount/value of money shall be used in the computation of the total net worth

Personal Properti

es

Page 33: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

NETWORTH

Page 34: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Page 35: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

SPOUSES both in the Public Service

• 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

Page 36: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

SALN FormPage 2

Page 37: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Business Interests and Financial ConnectionsRelatives in the Government

Page 38: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Business InterestsFinancial 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

Page 39: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Business InterestsFinancial Connections

Nature of InterestExisting 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

Page 40: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

RELATIVESin the Government

Relationship of a husband to the blood relatives of his wife, or a wife to the blood relatives of her husband

AFFINITY

Relationship by blood from the same stock or common ancestor

CONSANGUINITY

Page 41: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

RELATIVESwithin 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

Page 42: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

RELATIVESwithin 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

Page 43: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

RELATIVESOthers 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

Page 44: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Page 45: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

PaginationTO

TA

L

PA

GESIn case

additional sheets are used, the total number of pages must be specified

SA

MP

LE

• Page 1 of 3

• Page 2 of 3

• Page 3 of 3

PU

RP

OS

E To avoid insertions or pulling out of pages

Page 46: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

SAMPLE SHEETS FOR:

• Declarant

• Declarant’s spouse and unmarried children below 18 years of age living in the household

Additional Sheets

Page 47: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

INDICATE:• Name of the

declarant• Position• Agency

name• Year covered

by the SALN, • Shall be

signed on each page

Additional Sheets

Page 48: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Who canADMINISTER OATH?

The authority to administer oath must be in writing

Page 49: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REMINDERS – Submission

Page 50: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REMINDERS – Submission

Page 51: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REMINDERS – Submission

Page 52: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

REMINDERS – Submission

Page 53: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

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

Page 54: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

VIOLATIONSof Public Officers/Employees

Failure of an official or employee to submit SALN

Failure to disclose or misdeclaration of any asset, liability, business interest, financial connection, and relatives in the government in the SALN

PENALTIES

FIRST OFFENSESuspension of one (1) month

and one (1) day to six (6) months

SECOND OFFENSE

Dismissal from the service

Page 55: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

VIOLATIONof Agency Heads

SIMPLE NEGLECT OF DUTY

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

PENALTIES

FIRST OFFENSESuspension of one (1) month

and one (1) day to six (6) months

SECOND OFFENSE

Dismissal from the service

Page 56: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Section 3. Ministerial Duty of the Head of Office to Issue Compliance Order

Amendment to CSC MC No. 10, s. 2006

Page 57: 2013 SALN STATEMENT OF ASSETS, LIABILITIES AND NETWORTH and its GUIDELINES

Failure to comply within the 30-day period required under Section 3 of the amendment

Submission of the SALN beyond 30-day period.

Amendment to CSC MC No. 10, s. 2006

Constitute failure to file SALN