Revised Guidelines and Procedures on the Filing of Statement of Assets, Liabilities and Net Worth (SALN)

October 27, 2017

PNP MEMORANDUM CIRCULAR NO. 2017-067

 

1. REFERENCES:

a. Republic Act (RA) No. 6713, entitled "An Act Establishing a Code of Conduct and Ethical Standards for Public Official and Employees dated February 20, 1989";

b. RA No. 8249, entitled "An Act Further Defining the Jurisdiction of the Sandiganbayan, Amending for the Purpose Presidential Decree No. 1606, as amended, providing funds therefor, and for other purpose;

c. CSC Resolution No. 100266 re: Filing and Submission of Statement of Assets, Liabilities and Net Worth; HTcADC

d. CSC OLA Opinion No. 368, s. 2014, Letter for PDIR JAIME HERMO MORENTE, re: Clarification to the proper repository agency of the SALN of Third Level Police Commissioned Officers;

e. CMC No. 19-2013 dated April 29, 2013, with subject: PNP Review and Compliance Committees (RCC) and Policy Guidelines and Procedures on Accomplished Statement of Assets, Liabilities and Net Worth Forms;

f. CSC MC No. 3, s. 2013 re: Amendment to the Review and Compliance Procedure in the Filing and Submission of the Statement of Assets, Liabilities and Net Worth and Disclosure of Business Interest and Financial Connection (CSC Memorandum Circular No. 10 dated April 17, 2006);

g. CSC MC No. 2, s. 2013 with subject: Revised Statement of Assets, Liabilities and Net Worth Form;

h. CSC Resolution No. 1100356 promulgated on March 15, 2011, re: Guidelines Governing Access to SALNs of Government Officials and Employees filed with the Civil Service Commission;

i. CSC MC No. 5 s. 2010 with subject: Use of the 1994 Statement of Assets, Liabilities and Net Worth (SALN) Form of the Year 2009;

j. CSC MC No. 10 s. 2006 with subject: Review and Compliance Procedure in the Filing and Submission of the Statement of Assets, Liabilities and Net Worth and Disclosure of Business Interest and Financial Connections;

k. CSC Resolution No. 060231, re: Review and Compliance Procedure in the Filing and Submission of the Statement of Assets, Liabilities and Net Worth and Disclosure of Business Interest and Financial Connections;

l. DPRM Memorandum dated February 12, 2013, with subject: Revised Statement of Assets, Liabilities and Net Worth (SALN) Form; and

m. DPRM Memorandum dated January 18, 2013, with subject: Filing of Sworn Statement of Assets, Liabilities and Net Worth and Disclosure of Business Interest and Financial Connections (SALN and DBIFC).

2. RATIONALE:

The filing of Statement of Assets, Liabilities and Net Worth (SALN) is an indispensable requirement of the law for all officials and employees, thus every member of the PNP should file and submit a duly accomplished SALN as prescribed by RA No. 6713.

Since the enactment of RA No. 6975, SALN Forms of PNP personnel are submitted to either the CSC for those assigned and based at the NHQ or to the Regional Office of the Deputy Ombudsman for those assigned at the PROs, regardless of rank.

However, pursuant to CSC OLA Opinion No. 368, s. 2014, the SALN of the Third Level PCOs (PSSUPT and above) like all other third level officials, shall be submitted to the Office of the President.

Hence, this PNP Memorandum Circular (PNP MC) aims to consolidate policies, guidelines, and procedures on the filing of SALN for the efficient and effective management of SALNs of PNP personnel nationwide.

3. SITUATION:

With the issuance of guidelines on the filing of accomplished SALN Forms by virtue of CSC OLA Opinion No. 368, series of 2014 dated November 11, 2014, relative to the proper repository agency of the SALNs of the Third Level Police Commissioned Officers, the PNP finds the need to amend existing issuances pertaining to the filing and submission of SALNs.

4. PURPOSE:

This PNP MC sets forth the policies, guidelines, and procedures on the filing of SALN by PNP personnel.

5. DEFINITION OF TERMS:

a. Declarant — a person who declares or makes a declaration of his/her Statement of Assets, Liabilities and Net Worth (SALN).

b. PNP personnel — refers to Uniformed and Non-Uniformed Personnel of the PNP.

c. Review and Compliance Committee (RCC) — a body that evaluates the submitted and accomplished SALN Forms, and has the authority to issue a show-cause order requiring those who have incomplete data in their SALN to correct/supply the desired information.

d. Statement of Assets, Liabilities and Net Worth (SALN) — is a declaration of assets and liabilities, including business and financial interests, of an official/employee, of his or her spouse, and of his or her unmarried children under 18 years old still living in their parents' household. DETACa

e. Second Level Police Uniformed Personnel — are active PNP uniformed personnel with the rank of Police Officer 1 to Police Superintendent.

f. Third Level Police Commissioned Officers — are active PNP uniformed personnel with the rank of Police Senior Superintendent to Police Director General.

g. Third party — government agencies other than the PNP, such as Ombudsman and other quasi-judicial body or investigating Law Enforcement Agency (LEA).

h. Temporary Appointment — issued to a personnel who meets the education, experience, eligibility, except training requirements for the position to which he is being appointed.

6. GUIDELINES AND PROCEDURES:

a. Who are required to file SALN

All PNP personnel:

1) Newly employed;

2) Under temporary appointment; and

3) Retired/resigned/separated personnel.

b. When to file

PNP personnel except those who serve in an official honorary capacity, without service credit or pay, temporary laborers, and casual or temporary and contractual workers, shall file their accomplished SALNs:

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

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

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

c. Where to file

1) Third Level PCOs assigned at the National Headquarters (NHQ), National Support Units (NSUs) and Police Regional Offices (PROs):

 The consolidated original copies of SALN (alphabetically arranged but not bound) of the Third Level Police Commissioned Officers shall be submitted to NHQ RCC Secretariat [Personnel Plans and Policies Division (PPPD), DPRM] with the alphabetical list of declarants (soft and hard copies) prepared in MS Excel, which shall include the following data; the name of the personnel, identification number, position, and networth NLT May 15 of every year thereafter, for submission to the Office of the President NLT June 30 of every year thereafter.

2) Second Level PCOs, PNCOs, and NUP assigned at the National Headquarters and National Support Units (NSUs):

 The consolidated original copies of SALN (alphabetically arranged but not bound) shall be submitted to NHQ RCC Secretariat [Personnel Plans and Policies Division (PPPD), DPRM] SALN on or before May 15 of every year for consolidation and prior submission to the Office of the Civil Service Commission (Attn: Integrated Records Management Office) NLT June 30 of every year thereafter.

3) Second Level PCOs, PNCOs, and NUP assigned at the Police Regional Offices (PROs):

 The consolidated original copies of SALN (alphabetically arranged but not bound) shall be submitted to the PRO, RCC Secretariat on or before May 15 of every year for consolidation and prior submission to the Office of the Regional Deputy Ombudsman NLT June 30 of every year thereafter.

d. Responsibility of the Declarant

1) Submit three copies duly accomplished SALN Form to respective Administrative/Personnel Officer;

2) Retain one copy for his file stamped with the date/time of receipt and the name and office of the one who received;

3) In case of joint filing, the declarant and his/her spouse shall sign in the spaces provided for just below the certification;

4) If the spouse is not a public officer or employee, the declarant shall still cause him/her to sign the SALN;

5) In case of non-compliance with the signature of the spouse, an explanation should be attached to the SALN Form for such non-compliance;

6) The declarant is required to fill up all information in the SALN Form; otherwise, such items should be marked with "N/A" or "not applicable";

7) Filling up of the form may be handwritten, computerized or typewritten provided the signature of the declarant is original. The declarant is required to write legibly if he chose to fill up the form by handwriting;

8) Additional sheets may be used, if necessary. The additional sheet shall indicate the name of the declarant, his/her position and agency, name, the year covered by the SALN, and which shall be signed on each page; and

9) No unnecessary markings should be made on the form. ATICcS

e. How to file an amended SALN

The SALN can be amended within the year from the date of filing before the execution and filing of the new SALN for the following year. The amended SALN shall be submitted directly by the concerned personnel to the Office of the President, CSC or Ombudsman, as the case may be.

Assets and/or properties acquired, donated or transferred in the name of the filer for a particular year, but were not declared on his/her SALN for that year, as the same came to his/her knowledge only after he/she filed, corrected and/or submitted his/her SALN, must be declared or reflected in the filer's next or succeeding SALN.

f. Duties of Administrative/Personnel Officers

1) Administrative/Personnel Officers of PNP offices/units shall distribute SALN Forms (Revised 2015) to all personnel;

2) Administrative/Personnel Officers shall receive and consolidate the two copies of the duly accomplished SALN Forms and return to the individual the "Received" copy; and

3) Administrative/personnel Officers shall receive and administer all submitted SALN Forms and submit the same to RCC for its review and evaluation.

g. Composition of Review and Compliance Committee (RCC)

1) TDPRM — Chairman, NHQ PNP Review and Compliance Committee:

a) C, RMD, DPRM and C, PPD, DPL — Member, NHQ PNP Review and Compliance Committee; and

b) C, PPPD, DPRM — Head Secretariat, NHQ PNP Review and Compliance Committee.

2) D-Staff and Command Group — ADMO as RCC Chairman; 2 selected Section Chiefs as members.

3) NSUs — C, ARMDs as RCC Chairman; AC, Investigation Division, and C, BFO as members.

 Offices/Units without Investigation Division shall select appropriate member from the staff.

4) PROs — C, RPHRDDs as RCC Chairman; AC, RCD, and AC, RIDMD as members.

5) PPO/CPOs — C, PPHRDD as RCC Chairman; Deputy C, Investigation Division, and Deputy C, Finance as members;

6) DPOs — C, DPHRDD as RCC Chairman and 2 selected Staff Officers as members; and

7) MPOs/CPSs — Chief Administrative Officer; Investigation Officer and Finance Officer as members.

h. Duties of Review and Compliance Committee (RCC)

1) The RCC of PNP Offices/Units shall conduct review and evaluation of the SALN Forms submitted and sees to it that the same have been properly accomplished. The SALN is considered "properly accomplished" if all the applicable information or details required therein are provided for by the filers. After the review and evaluation conducted by the RCC, the results shall be forwarded to TCDS/RCDS/CDS for their information. In case of incomplete or improperly accomplished submitted SALNs, TCDS/RCDS/CDS shall issue notification to the concerned Offices/Units for their compliance and appropriate actions.

2) The RCC shall ensure compliance on the submission of SALNs and shall issue a show-cause order requiring those who have incomplete data to correct/supply the desired information and require those who have not submitted to comply; and

3) The RCC shall file an administrative case against those PNP personnel under its jurisdiction who failed to submit/correct his/her SALN in accordance with the provisions of CSC MC No. 10 series of 2006 as amended, CSC Resolution No. 060231 and Section 8 of RA No. 6713 and PNP MC No. 2006-002.

i. Request of Third Party for SALN

All requests for copies of the SALNs of PNP personnel shall be addressed to the official repositories of SALNs.

j. Table Matrix for the transmittal of duly accomplished SALN forms of PNP personnel

After RCC's review and evaluation of SALNs, respective offices/units shall submit the same to the concerned offices/agencies as follow: TIADCc

 

7. ADMINISTRATIVE AND CRIMINAL SANCTION:

Failure to submit/correct the SALN within the given period pursuant to the directive in Section 3 of CSC Resolution No. 060231 shall be a ground for disciplinary action. The Head of Office through its respective RCC, shall issue a show cause order directing the official or employee concerned to submit his/her comment or counter affidavit and if evidence so warrants, proceed with the conduct of the administrative proceedings pursuant to Rule 10, Section 46 D (8) of the Revised Rules on Administrative Cases in the Civil Service (RRACCS) under CSC Resolution No. 1101502.

PNP personnel who fail to comply within the 30 days reglementary period or who submit their SALNs beyond the required period fixed by law shall be considered as not having filed their SALNs and shall be made liable for the offense of Simple Neglect of Duty, i.e., Failure to File SALN, with a penalty of suspension of one month and one day to six months for the first offense, and dismissal from the service for the second offense.

Heads of agencies/offices who fail to comply with the provisions of CSC Resolution No. 060231 dated February 1, 2006, as amended, shall be liable for Simple Neglect of Duty which shall be punishable by suspension of one month and one day to six months for the first offense and dismissal from the service for the second offense.

8. RESCISSION:

All existing directives and other issuances which are contrary to or inconsistent with this MC are hereby rescinded or modified accordingly.

9. SEPARABILITY CLAUSE:

If, for any reason any part or provision of this MC is declared invalid or unconstitutional, any part or provision not affected thereby shall remain in full force and effect.

10. EFFECTIVITY:

This MC shall take effect after 15 days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987," as amended.

(SGD.) RONALD M. DELA ROSA

Police Director General

Chief, PNP

ATTACHMENT

 

Flow Chart of SALN Submission