The Supreme Court clarified that the prescriptive period for violations of Republic Act No. 6713, specifically the failure to file a Statement of Assets, Liabilities, and Net Worth (SALN), begins from the date the violation occurred, not from its discovery. This ruling emphasizes that the government’s failure to detect such violations within the prescribed period does not extend the statute of limitations, protecting public officials from indefinite prosecution for omissions that could have been discovered earlier through diligent monitoring.

SALN Showdown: Commission vs. Discovery – Whose Timeline Prevails?

Melita O. Del Rosario, a public official, was charged with violating Section 8 of Republic Act No. 6713 for failing to file her SALNs for 1990 and 1991. The central question was whether the eight-year prescriptive period for this offense should be reckoned from the date the SALNs were due or from the date the government discovered the non-filing. The Metropolitan Trial Court (MeTC) initially sided with Del Rosario, quashing the informations based on prescription. However, the Sandiganbayan reversed this decision, arguing that the prescriptive period should commence upon the discovery of the offense.

The Supreme Court, in this case, had to determine the correct application of the prescriptive period for violations of R.A. No. 6713. It examined the relevant laws and precedents to resolve the issue of when the prescriptive period should begin for the failure to file SALNs. The Court’s analysis focused on whether the “discovery rule,” which allows the prescriptive period to begin upon discovery of the offense, should apply in this context, or whether the general rule of prescription commencing from the date of the violation should prevail. This involved a careful consideration of the nature of the offense, the accessibility of information regarding SALN filings, and the responsibilities of government agencies in monitoring compliance with R.A. No. 6713.

The Supreme Court ultimately sided with Del Rosario, reversing the Sandiganbayan’s decision. The Court held that the prescriptive period began from the date of the commission of the violation, specifically the deadline for filing the SALNs. According to Section 2 of Act No. 3326:

Section 2. Prescription of violation penalized by special law shall begin to run from the day of the commission of the violation of the law, and if the violation be not known at the time from the discovery thereof and the institution of judicial proceedings for its investigation and punishment.

The Court emphasized that the “discovery rule” is an exception to the general rule. It applies only when the violation is not known at the time of its commission. The Court reasoned that the failure to file a SALN is not an offense that is inherently concealed. SALNs are accessible to the public, and government agencies like the Civil Service Commission (CSC) and the Office of the Ombudsman have a duty to monitor compliance with R.A. No. 6713. Therefore, the government had reasonable means to discover the non-filing within the eight-year prescriptive period.

The Court distinguished this case from the “Behest Loans Cases,” where the discovery rule was applied due to the concealment and connivance of public officials. In those cases, the aggrieved party, the State, could not have known of the violations at the time the transactions were made. In contrast, the Court found no evidence of concealment or conspiracy in Del Rosario’s case. The information regarding her failure to file SALNs was readily available to the public.

Building on this principle, the Court also addressed the Sandiganbayan’s concern that it would be burdensome for government agencies to track SALN filings. The Court pointed out that both the CSC and the Office of the Ombudsman had issued memorandum circulars outlining procedures for filing SALNs. These circulars even provided for the creation of a task force to maintain a computerized database and monitor compliance. Therefore, the Court concluded that the government had the means to detect the non-filing of SALNs within the prescriptive period.

The Court’s ruling underscores the importance of diligence on the part of government agencies in monitoring compliance with the law. It clarifies that the prescriptive period for SALN violations begins to run from the date the violation occurs, unless there is evidence of concealment or conspiracy that prevents the government from discovering the violation. The Supreme Court emphasized the accessibility of SALNs and the duty of government agencies to monitor compliance, reinforcing that the failure to prosecute within the prescriptive period cannot be excused by the government’s own inaction.

FAQs

What was the key issue in this case?	The key issue was whether the prescriptive period for failing to file a Statement of Assets, Liabilities, and Net Worth (SALN) should begin from the date of the violation or from its discovery. The Supreme Court clarified that it begins from the date of the violation.
What is a SALN?	A SALN is a Statement of Assets, Liabilities, and Net Worth. It is a document that public officials and employees are required to file annually, disclosing their assets, liabilities, and net worth.
What law requires the filing of SALNs?	Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials and Employees, requires the filing of SALNs. This law promotes transparency and accountability in public service.
What is the prescriptive period for violating R.A. No. 6713?	R.A. No. 6713 does not specify a prescriptive period. Therefore, Act No. 3326 applies, which provides an eight-year prescriptive period for offenses punished by imprisonment for two years or more, but less than six years.
What is the “discovery rule”?	The “discovery rule” is an exception to the general rule that the prescriptive period begins from the date of the violation. It states that the prescriptive period begins from the date the violation is discovered if the violation was not known at the time of its commission.
Why didn’t the “discovery rule” apply in this case?	The Supreme Court held that the “discovery rule” did not apply because the failure to file a SALN is not an offense that is inherently concealed. SALNs are accessible to the public, and government agencies have a duty to monitor compliance.
What is the significance of this ruling?	This ruling clarifies that government agencies must be diligent in monitoring compliance with R.A. No. 6713. The government cannot excuse its failure to prosecute by claiming ignorance of the violation if the information was readily available.
What are the responsibilities of the CSC and the Ombudsman regarding SALNs?	The Civil Service Commission (CSC) and the Office of the Ombudsman are the government agencies primarily responsible for monitoring compliance with R.A. No. 6713, including the filing of SALNs. They have the authority to investigate and prosecute violations of this law.

The Supreme Court’s decision in Del Rosario v. People serves as a reminder of the importance of both transparency in public service and diligence in law enforcement. It reinforces that the government’s duty to prosecute offenses must be balanced with the rights of individuals to be free from indefinite prosecution. This ruling encourages proactive monitoring and compliance efforts to ensure that violations are addressed within the prescribed legal timeframe.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: MELITA O. DEL ROSARIO, PETITIONER, V. PEOPLE OF THE PHILIPPINES, RESPONDENT., G.R. No. 199930, June 27, 2018