The Importance of Timely Action in Legal Accountability for Public Officials

Department of Finance – Revenue Integrity Protection Service v. Office of the Ombudsman and Clemente del Rosario Germar, G.R. No. 238660, February 03, 2021

Imagine a public official entrusted with the responsibility of safeguarding the nation’s resources, yet failing to disclose their true wealth. This scenario isn’t just a hypothetical; it’s the reality faced by Clemente del Rosario Germar, a security guard at the Bureau of Customs whose lifestyle check revealed undisclosed properties. The case of Germar versus the Department of Finance – Revenue Integrity Protection Service (DOF-RIPS) delves into the critical issue of accountability through the filing of Statements of Assets, Liabilities, and Net Worth (SALNs) and the consequences of perjury. At the heart of this case lies the question: When does the clock start ticking for prosecuting violations related to SALNs and perjury?

Legal Context: Understanding SALNs and Prescriptive Periods

In the Philippines, public officials are required to file SALNs as mandated by Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees. This requirement ensures transparency and prevents corruption by mandating officials to declare their assets, liabilities, and net worth. The relevant provision states, “All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities and Net Worth and a Disclosure of Business Interests and Financial Connections.”

The prescriptive period for violations of RA 6713 is governed by Act No. 3326, which sets an eight-year limit for offenses punishable by imprisonment of two to six years. For crimes under the Revised Penal Code (RPC), such as perjury, the prescriptive period is ten years, starting from the time of discovery, as outlined in Article 91 of the RPC.

These legal principles are crucial because they set the timeframe within which authorities must act to hold public officials accountable. For instance, if a public official fails to disclose a property in their SALN, the government has eight years from the filing of that SALN to prosecute. Similarly, if an official commits perjury by falsely stating they have not been charged criminally, the prosecution must commence within ten years of filing the document containing the false statement.

Case Breakdown: The Journey of Clemente del Rosario Germar

Clemente del Rosario Germar’s journey began as a security guard at the Bureau of Customs, where he served from 1979 until his resignation in 2015. In 2015, DOF-RIPS initiated a lifestyle check on Germar, uncovering several properties he had not disclosed in his SALNs from 2002 to 2014. These included multiple residential lots and houses in Bulacan, which were registered under his name or donated to his daughter.

The Office of the Ombudsman (OMB) found probable cause to charge Germar with violations of RA 6713 for the years 2008 to 2014, as well as perjury for falsely stating in his 2014 Personal Data Sheet (PDS) that he had not been criminally charged. However, the OMB dismissed charges related to earlier years, citing prescription.

DOF-RIPS challenged these dismissals through a Petition for Certiorari, arguing that the OMB erred in its findings. The Supreme Court, however, upheld the OMB’s decision, emphasizing the importance of the prescriptive period. The Court reasoned, “The prescriptive period for filing an action for violation of Sec. 8 of [Republic Act] No. 6713 is eight (8) years pursuant to Sec. of Act No. 3326.”

Regarding perjury, the Court clarified that the prescriptive period begins from the time of filing the SALN or PDS, stating, “In this case, however, discovery should be reckoned from the time of filing of the SALN because upon filing, perjury is deemed consummated.”

The procedural steps included:

• DOF-RIPS conducted a lifestyle check on Germar in 2015.
• The OMB found probable cause for SALN violations and perjury but dismissed charges for earlier years due to prescription.
• DOF-RIPS filed a Petition for Certiorari, which the Supreme Court ultimately dismissed, affirming the OMB’s decision.

Practical Implications: Navigating SALN Compliance and Accountability

This ruling underscores the importance of timely action in prosecuting SALN violations and perjury. Public officials must be aware that there are strict timelines within which they can be held accountable for non-disclosure or false statements. For government agencies, this case serves as a reminder to diligently monitor SALN filings and act promptly upon discovering discrepancies.

Businesses and individuals dealing with public officials should also be aware of these timelines. If they suspect non-compliance or false statements, they should report these promptly to ensure that any potential violations can be addressed within the legal timeframe.

Key Lessons:

• Public officials must accurately and timely file their SALNs to avoid legal repercussions.
• Agencies responsible for monitoring compliance should conduct regular reviews and act swiftly upon discovering violations.
• Individuals and businesses should report any suspected non-compliance to ensure accountability within the prescriptive period.

Frequently Asked Questions

What is a SALN and why is it important?
A SALN, or Statement of Assets, Liabilities, and Net Worth, is a document required from public officials in the Philippines to promote transparency and prevent corruption. It’s crucial for ensuring that officials do not amass wealth beyond their known income sources.

How long do authorities have to prosecute SALN violations?
The prescriptive period for prosecuting violations of RA 6713 is eight years from the date of filing the SALN.

What is the prescriptive period for perjury related to SALNs?
For perjury, the prescriptive period is ten years, starting from the time of filing the SALN or other document containing the false statement.

Can a public official be prosecuted for non-disclosure in SALNs filed more than eight years ago?
No, the Supreme Court has ruled that prosecution for SALN violations must occur within eight years from the date of filing.

What should I do if I suspect a public official of SALN non-compliance?
Report your suspicions to the appropriate government agency, such as the Office of the Ombudsman, as soon as possible to ensure that any investigation can proceed within the legal timeframe.

ASG Law specializes in administrative and criminal law related to public officials’ accountability. Contact us or email hello@asglawpartners.com to schedule a consultation.