October 15, 1995

OMBUDSMAN MEMORANDUM CIRCULAR NO. 13-95

 

 

I. Purpose

Pursuant to the provisions of Rule VIII of the Rules Implementing the Code of Conduct and Ethical Standards for Public Official and Employees (RA 6713), this Memorandum Circular is hereby issued to prescribe the manner/procedure of filing of statements of assets, liabilities and networth and disclosure of business interests and financial connections before the Area/Sectoral Offices of the Office of the Ombudsman.

II. Coverage

The Memorandum Circular shall apply to the following officials and employees:

(1) Regional Officials and Employees of Departments, etc.;

(2) PNP Regional Officials and Employees;

(3) Provincial elective and appointive officials and employees, e.g., Provincial Governor, members of the Sangguniang Panlalawigan, Provincial Treasurer and other low ranking employees in the province;

(4) Municipal & City elective and appointive officials and employees, e.g., Mayors, SB members and barangay official; SIHCDA

(5) Regional Officials & Employees of Government-owned & controlled corporation and subsidiaries in the region e.g., DBP, LBP, PCIC, PNB, etc.;

(6) Regional Officials & Employees of State Colleges & Universities, e.g., Vice-President, Deans, Professors, etc.;

(7) Officers of AFP below the rank of Colonel and Naval Captain. (see attachment "A")

III. Responsibility

The head of the office/agency regional or local government unit concerned shall ensure full compliance with the guidelines herein set forth.

The chief of the personnel division or in his absence the chief of the administrative division or the person designated by the head of the agency, shall be tasked to receive and consolidate the statement and disclosure and the submission of reports required herein.

IV. Procedure

A. Submission of Statement of Assets, Liabilities and Networth and Disclosure of Business Interests and Financial Connections

All public officials and employees concerned shall file their respective statements and disclosures with their respective chief of the personnel division or in his absence the chief of the administrative division or the person designated by the head of the agency, to be subsequently submitted to the respective area or sectoral offices of the Office of the Ombudsman as specified in Attachment "A" on this Circular.

In case of married, persons (except those legally separated or those with regime of complete separation of property) who are both working in government, they shall jointly file the statement required herein and that copies thereof must be filed in both agencies where they are employed.

The officials and employees shall file the same:

1. Within thirty (30) days after assumption of office, statements of which must be reckoned as of his first day of service;

2. On or before April 30 of every year thereafter, statements of which must be reckoned as of the end of the preceding year; and

3. Within thirty (30) days after separation from the service, statements of which must be reckoned as of his last day of office. ACTaDH

The required statement and disclosure shall be reflected on the revised form (see Attachment "B") and shall be prepared in triplicate, the original copy to be submitted to the Office of the Ombudsman or its respective area/sectoral offices (Luzon, Visayas, Mindanao and MOLEO), another copy to be attached to the official/employee's 201 file, and the last copy to be retained by the filer.

B. Submission of Summary Report

The administrative/personnel division shall consolidate all the statements/disclosure of the agency's officials and employees in a summary report (see attachment "C") to be certified by the head of the agency.

The summary report shall contain the following information:

1. Name of official/employee

2. Position

3. Date when said official/employee filed his/her Statement of Assets and Liabilities

The Summary Report, together with the statements and disclosures, shall be submitted/mailed on or before 31 May of every year to:

	OFFICE OF THE OMBUDSMAN for LUZON
	Office of the Ombudsman Building
	3rd Floor, Ombudsman Building, Agham Road,
1st COPY	Diliman, Quezon City
	OFFICE OF THE DEPUTY OMBUDSMAN for
	VISAYAS
	Department of Agriculture R)-7 Compound, M. Velez
	St., Guadalupe, 6000 Cebu City
	OFFICE OF THE DEPUTY OMBUDSMAN for
	MINDANAO
	Alvarez St., Sta Ana, Davao City
	OFFICE OF THE DEPUTY OMBUDSMAN for
	MILITARY AND OTHER LAW ENFORCEMENT
	OFFICES
	3rd Floor, Ombudsman Building, Agham Road,
	Diliman, Quezon City
2nd COPY	OFFICE FILED (Personnel Division)

As regards the filing of statement of assets and liabilities by public officials or employees who have first, assumed office or have been separated from the service, the administrative/personnel division shall likewise consolidate all the statement/disclosure of the said officials and employees in a summary report (see attachment "C") to be certified by the head of the agency. The said summary report, together with the statements of assets and liabilities, shall be submitted fifteen days (15) upon receipt of Statement of Assets and Liabilities.

C. Submission of a verified report of those who failed to file their statements and disclosures

The administrative/personnel division shall likewise prepare a report indicating therein the list of officials and employees who failed to submit their respective statements of assets and liabilities networth and disclosures of business interests' financial connections.

The said report shall be under oath and shall be submitted in the same manner as prescribed in IV. B of this circular. (See attachment "D")

D. Monitoring of compliance with the guidelines set forth herein

The Office of the Ombudsman shall create a task force assigned to maintain a computerized database of all public officials and employees required to file their statement of assets and liabilities and to monitor full compliance therewith.

V. Penalty Clause

The head of agency and/or the chief of the administrative/personnel division, who failed to perform their duties as defined herein shall constitute obstruction defined and penalized under Section 36 of Republic Act No. 6770, otherwise known as the Ombudsman Act of 1989 and/or neglect of duty under Section 46, Chapter 7, Subtitle A, Title I, Book V of the Executive Order No. 292, otherwise known as the Administrative Code of 1987.

VI. Effectivity

This Memorandum Circular shall take effect after fifteen (15) days following the completion of its publication in a newspaper of general circulation. aIAEcD

Manila, Philippines, June 15, 1995.

ATTACHMENT A

 

		Responsible Person/Official
	Official/Employee	Who Will Transmit Said	Office Where to
		Statements of Assets,	Submit/File
		Liabilities and Networth
		and Other Documents
1.	President of the	Executive Secretary	Central Records
	Philippines
2.	Vice President of	Chief of Staff	Office of the Ombudsman
	the Philippines
3.	Chairman and	Executive Director and/or	Agham Road, Diliman
	Commissioner of	Personnel Officer	Quezon City
	Constitutional
	Commissions
4.	Chairman and	- do -
	Commissioners of
	Commission on
	Human Rights
5.	Regional Officials and	Regional Director and	Deputy Ombudsman in their
	Employees of	Administrative Officers	respective areas:
	Departments, etc.
			(Region I-V and CAR — OMB-Luzon)
			(Region VI-VIII — OMB-Visayas)
			(Region IX-XI and ARMM — OMB-Mindanao)
			(OMB-Central Records — National Capital Region)
6.	PNP Regional Officials	Director of Regional	OMB-MOLEO
	and Members	Command and	3rd Floor Ombudsman Bldg.,
		Administrative Officer	Agham Road Diliman, Quezon
			City
	Provincial Elective and	Provincial Governors and	Deputy
	Appointive Employee,	Personnel Officers	Ombudsman their respective
	e.g., Prov. Governor,		areas:
	members of the Sanggunian		OMB-Luzon
	Panlalawigan, Treasurer		3rd Floor Ombudsman Bldg.,
	and other low ranking		Agham Road Diliman, Quezon
	employees in the province		City