'Review of 4 laws needed to ensure transparency'

MANILA, Philippines - Congress must review and amend at least four major laws and the Constitution for the country to have “a credible instrument of transparency” through truthful and accurate disclosure of the assets and liabilities of public officials, according to the Civil Service Commission (CSC) chairman.

In an interview with The STAR, chairman Francisco Duque III said Republic Act 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, is not enough to ensure that government officials are not stealing people’s money or hiding ill-gotten wealth.

“Another law should be made,” he said.

Duque said Congress should also amend RA 3019 (the Anti-Graft and Corrupt Practices Act), the Land Registration Act, and laws on the registration of vehicles.

“A comprehensive and incisive review of these laws is necessary,” he said.

The impeachment trial of Chief Justice Renato Corona should open the door for the enactment of new laws or the amendment of existing ones which are unclear on what constitutes a violation, he added.

Duque has formed a task force to study and recommend how to make a statement of assets, liabilities and net worth (SALN) a more useful tool in the fight against graft and corruption.

Duque said RA 6713, requiring public officials to annually file SALNs, is very much taken for granted.

Token compliance has become a practice and has generally been accepted, he added.

Duque said Corona’s failure to declare the acquisition costs of his real properties despite being provided a table to fill up is proof of such disregard for a law that does not specifically state that acquisition cost is the most important way to determine one’s net worth.

“It should be made clear that acquisition cost is most important as it shows the history or how much a property was actually bought,” he said.

Assessed value is merely used for real property tax payment, while current fair market value only shows how much a person is willing to sell and how much a person is willing to buy a property based on highest price in the open market, he added.

Duque said to strengthen RA 6713, RA 3019 should be revisited, along with land and vehicle registration laws, considering how they lack specific provisions to oblige a buyer to immediately transfer ownership of a tangible asset after purchase.

“Should it be the depreciated value or the acquisition cost?” he asked. “The law is vague. A (Mitsubishi) Galant could be worth P200,000 or P300,000 20 years ago.”

Duque said the laws on SALNs should specifically state what would determine ownership of real properties, as in the case of some of Corona’s supposed properties that had been sold years ago, yet remain registered under his or his wife’s name.

“Which is the controlling factor?” he asked. “The tax declaration, registration records, or the deed of absolute sale?”

Duque said the Senate and the House of Representatives will learn something from the impeachment trial of Corona.

It will hopefully translate into legislative measures to improve the country’s laws, he added.