EDITORIAL - Loopholes

Retired Maj. Gen. Carlos Garcia, former comptroller of the Armed Forces of the Philippines, has been convicted by a military court of violations of the Articles of War in connection with illegally amassing wealth. He seems to be faring better in civilian court, where he faces criminal charges for plunder and several counts of perjury.

Last week Garcia was acquitted of lying in his 1997 Statement of Assets, Liabilities and Net Worth about the vehicles he owned. It was his third acquittal out of four perjury counts; he was found guilty in one case. In the latest case, the Sandiganbayan said the prosecution failed to prove a deliberate intent by Garcia to mislead authorities in his SALN. Garcia had declared that he owned P870,000 worth of vehicles without specifying how many there were or what type. Prosecutors said the declaration did not cover two vehicles registered under the name of Garcia’s wife Clarita, whose statement submitted to US immigration authorities had led to his investigation for ill-gotten wealth.

Garcia could still be pinned down for plunder. In the meantime, his case highlights the weaknesses in the system of filing SALNs, which is required for key public officials from the president down to agency heads and ranking military officers. The annual filing of SALNs has largely become a farce, with the enormously wealthy managing to hide their assets with the help of topnotch accountants. Officials also place assets in the names of their spouses, children or parents, secure in the thought that no one would be interested in pursuing the truth.

In Congress, Imelda Marcos once succeeded in emerging as the poorest member of the House of Representatives — and she was never indicted for perjury. Public officials who emerge as the richest among their respective colleagues are usually those who are the most honest in their asset declarations.

The system of filing SALNs is supposed to promote transparency and help authorities keep track of public servants who might be enriching themselves while in office. The system has largely failed, and the case of Carlos Garcia is just one example of this. If this system is truly meant to reduce corruption, loopholes that have long been exploited by crooks must be plugged.