Merely filing SALNs isn't disclosure, says Monsod

Posted at 01/21/2012 1:11 AM | Updated as of 01/21/2012 6:17 PM

MANILA, Philippines - Chief Justice Renato Corona's mere filing of his statements of assets, liabilities and net worth (SALNs) is not full disclosure that is required by law, a Constitutional expert said Friday.

Atty. Christian Monsod, a former Commission on Elections chairman and a member of the 1986 Constitutional Commission that drafted the 1987 Constitution, said filing SALNs and disclosing them to the public, which are both required by Republic Act 6713, are two different things.

"Sa akin, the mere filing does not constitute disclosure. There must be a process where it must be accessible," he told Karen Davila on ANC's "Headstart."

"The law said it cannot be used for any commercial purposes, except media. Exception ang media, where it is for the purpose of informing the public," he added.

Article 2 of the impeachment complaint against Corona accuses him of violating the Constitution and/or betrayed public trust when he failed to disclose to the public his SALNs as required under Section 17, Article XI of the 1987 Constitution.

Not disclosed, says SC clerk of court

His SALNs finally came under public eye after Supreme Court clerk Enriqueta Esguerra-Vidal surrendered the documents on orders of the Senate impeachment court on Wednesday.

Vidal told Senator Francis Pangilinan that Corona filed his SALNs on time.

However, she admitted that the SALNs were not disclosed to the public.

"Was there public disclosure of [Corona's SALNs]?" Pangilinan asked her.

"None, your honor," she said.

She also revealed that out of the filed requests for SALNs since 1989, none has been responded to yet.

1989 SC ruling

The nondisclosure of justices' SALNs has been attributed to a 1989 Supreme Court en banc ruling that barred their release to protect justices from "fishing expeditions."

While the ruling requires all requests for copies of justices' SALNs to be filed with the Clerk of Court of the Supreme Court and state the purpose of the request, it does not assure of the documents' release.

The ruling, which acknowledges RA 6713, said strictly regulating the release of justices' SALNs aims to prevent the documents from being misused by those who have an ax to grind against the court.

It said SALNs' disclosure "may endanger, diminish or destroy their [justices'] independence and objectivity in the performance of their judicial functions or expose them to revenge for adverse decisions, kidnapping, extortion, blackmail, or other untoward consequences."

The ruling specifically bars the release of SALNs in the hands of those who want to "fish for information" against judges.

SALNs and RA 6713

The Civil Service Commission's implementing rules of RA 6713, specifically Rule VII, explain public disclosure of SALNs.

The implementing rules require both the filing and disclosure of SALNs of all government officials and employees -- from the President, Supreme Court justices, senators and congressmen, local government officials, down to rank-and-file government workers.

On disclosure, Section 3 of RA 6713's implementing rules said all filed SALNs should be made available for public inspection except under some circumstances.

Section 8 (C) of RA 6713 also said that SALNs should be made available for copying or reproduction 10 working days from the time they are filed, as required by law.


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39 comments

Only when we punish corrupt big time politician and government

officials that we can move our country for the better because there is no sense that you put a business that only benefit corrupt officials. Also if only this corrupt officials stop their corruption expedition, and put the money to the right project maybe the country's situation is a little bit better.


prostituted aliies

while our neighboring ASEAN countries are busy discussing about their respective economies, the philippine government is too busy in their work to impeach the head of the supreme court perceived by the boy in the palace as an obstruction to his daang matuwid. this is despite that the global economy is in the midst of double-dip recession.

just recently, rounds of oil increase bothered the transport sector. the transport sector is asking an increase in fares due to unabated increase in the price of imported oil. late last year, maynilad announced an increase in water rates. butch abad last year announced that noy's govt is considering to introduce new taxes. the peso devalued almost everyday threatening to widen poverty in our country. our quarterly gdp is continuing is downward trend that recently recorded 3.2 gdp a far cry from our neighboring countries gdp that also suffered from global economic crisis. indonesia for example got 6.5 percent, while vietnam and singapore got 6.1 and malaysia recorded 5.8 gdp.

philippines under noy's watch was tagged as one of the world’s mostly unfree countries in the 2012 Index of Economic Freedom published by Wall Street journal.

it was also last year that the philippines was one of the countries who got the lowest investment in ASIA. the country was even declared as the worse country for investors in east of ASIA. according to a survey firm, self rated poverty is high despite of the 21 billion budget for govt. dole out campaign known as CCT.

the world bank lowered our growth projection this year. our mediocre growth caused our economy to lose momentum not to mention opportunities. prices of basic commodities are going up, even NFA and commercial rice are up since this govt. took office. the philippines also ranked poor dropping two notches in the world

competitiveness ranking. the country continues to rank poor in terms of infrastructure. this can be attributed to govt's much vaunted PPP that up until now, doesn't have a single project currently implemented. this govt. also failed to attract foreign investors to fund various govt. projects (ODA) due to unjustified cancellations of projects signed by the previous admin. this resulted to loose of trust and confidence on the part of foreign investors. the investments pledges (amounting to 1 billion dollar) that pnoy bragged about during his tour around the world still has nothing to show off.

last year, we've been witness to the president's tirades against the chief justice renato corona. this was done during the forum organized by no less than the supreme court. president aquino was expected to discuss cooperation. however, nothing is heard about the aforesaid subject, what the public saw was an enraged aquino who's obviously cannot contain his rage against the chief justice. the members of the judiciary witnessed a mad and foul-tongued chief executive berating the chief justice. inspite of unfavorable comments regarding the president's ill-timed display of despicable behavior, the incident repeated in several occasions. a loosened maverick is in full display.

then came in the decision of the supreme court voting unanimously ordering HLI (cojuangco-aquino family) to distribute the hacienda to poor farmers of luisita. quickly after the aforesaid ruling of the SC, noynoy and his prostituted allies in congress met in a restaurant and device a plan to impeach the chief justice. speaker belmonte was assigned to ensure getting the right numbers to impeach the CJ in congress. while tupaz and the rest will ensure that the filing of the impeachment case would be done immediately.

on several occasions, belmonte confirmed in his interviews that noynoy texted him thanking him for a job well done. this happened after the rail-roaded impeachment reached the senate. the malacanan mouthpieces including lacierda was even quoted using the word "we" when referring to the house prosecution panel. Llmas who also doesn't have business with corona's impeachment was also vocal about the CJ's impeachment. what happened to separation of powers? ask if the palace is meddling with the congress action to impeach the CJ, malacanan spin doctors are quick to deny it and claimed that it was an independent move on the part of congress. however, recently, it was no less than pnoy that confirmed that corona's impeachment was the handiwork of his political party LP. he even thanked them and his prostituted allies and claimed that it is the brightest moment of the party. this proves that noynoy and his mouthpieces / lapdogs are lying to their teeth in claiming that the palace has got nothing to do with corona's impeachment.

the articles of impeachment was railroaded despite the fact that the constitutional requirement of verification wasn't met. even after the senate already presided as an impeachment court, the political machination remained unabated. lead prosecutor tupaz jr. called for a press conference and presented evidences before the public regarding corona's allege list properties of corona. however, as the hearing of the impeachment case progress, it was proven that their accusation (article 2) of corona's non-disclosure of SALN wasn't even true. it has been proven that the CJ regularly files his SALN and is available in SC and even in malacanan. since the prosecution panel's accusation in article 2 can be easily proven wrong, the are now trying to digress the issue to corona's allege ill-gotten wealth. however, this issue has been questioned the the defense claiming the issue was not even included in article two which only alleges corona from non-filing of SALN. the defense further argued that any evidence arising from such claim is no longer admissible following the rules of evidence. during the senate hearing, the prosecution failed to show certified true copies of titles and properties insofar as CJ's SALN is concerned. they also failed to show individuals that will testify on the signatures and certify relevant documents, yet the prosecution has the nerve to expose allege "evidence" with questionable validity to the public.

the issue of admissibility of the evidence presented by the prosecution panel was left hanging since JPE decided that the impeachment court will rule on it once the evidence were formally presented. during the last hearing, the prosecution claimed that corona's assets have increased by 8 million from the period of 2009 - 2010. however, they failed to mention that corona gained 8 million from the proceeds of the sale during 2010. this will justify the increase of 8 million. most of the public officials share an upward trend in so far as their SALN is concerned. even pnoy's SALN have increased ever since he joined the government. i personally do not know a public official who's assets have decreased after joining public office.

we can now officially say that our legislators metamorphosed into a lynching mob of noynoy. the sad part about this is that people are being witness to the

usurpation of our democracy perpetrated by a leader who's acting like a tyrant. this is creeping martial law and the stamp pad congress will submit to pnoy's will because the executive has the power of purse. the congress is able to railroad the impeachment against corona while proposed laws languish for decades in congress. this govt. can't even pass the FOI bill that has been languishing in the back-burner for 15 years. is pnoy afraid that it can be used against him and his prostituted allies in congress (79 of them have pending graft charges in the office of the ombudsman)? for the mean time, let us wait for another round of cock and bull story coming from the prostituted allies of pnoy disseminated by yellow media including that giant media conglomerate that has to thank cory for surrendering MERALCO to their family.


Don Simeon ng Hacienda Luisita

nauubusan na ng nagbabagang chismis at intriga ang kampo ni balot panot. halos nailabas na nya ang lahat ng imbento nya laban kay corona ngunit hanggang ngayon ay wala pa siyang napapatunayan na tiwali si corona.

ang napatunayan lamang ni balot panot ay isang taong masunurin sa batas si corona at taon-taon pala ay nagsusumite ng kaukulangan requirement. taliwas sa masamang pag-iisip ni balot panot, mangilan-ngilan lamang pala ang pundar ni corona at hindi isang tambak kagaya ng kasinungalingan na sinasabi ni balot panot.

upang maisalba ni balot panot ang sarili nya sa malaking kahihiyan, sinasawsaw nya ang makakati nyang mga daliri sa kaban ng bayan upang tambakan ng kwarta ang mga tuta niya upang kumahol ng kumahol, dahil tamaan man ng lintik, ay matindi ang pangangailangan nya makuha ang hacienda luisita ng sa gayon ay manumbalik ang titulo nyang Don Balot Panot


DAHIL MADALAS NA SUSTAIN SA

DAHIL MADALAS NA SUSTAIN SA PRISIDING OFFICER (Enrile) ANG MGA OBJECTION NI JUSTICE CUEVAS IBIG SABIHIN TAMA SI JUSTICE CUEVAS AT AANGA-ANGA ANG ABOGADO SA PROSECUTION, GANON KA SIMPLY YAN!!!

WAG KAYONG MAGTAKA NA SA DARATING NA ARAW SI ENRILE NA NAMAN ANG TITIRAHIN NG MGA ALIPORES NI ABNOY SA KANILANG KA BOBUHAN AT KATANGAHAN.


Tama ka

Kung papansinin ka ng bayan marami ang di lang maaabnoy. Mapupuno pa ang mental ng mga kagaya mong may tililing


Dapat alisin yang 1989 ruling ng SC

Sinadyang gawin yan ng mga judges para protektahan ang sarili nila kung may kalokohan silang gagawin. Kung malinis kang tao, wala kang anumalya- ano ang ikatatakot mo na maging transparent at alam ng taong bayan ang asset mo. Magagaling talaga yang mga judge at alam nilang paikutin ang batas, yong presidente, congressman, senator nga di exempted. Silang mga huwes na fair kuno exempted. Ang tanong papaano mo mapapatunayan na di nagpapayaman ang mga judge kong may exemption sa rule. First class citizen ba sila? Dapat kong ano ang existing law, di dapat binabago para may paboran. Sabi nila baka gamitin kung may adverse decision silang ginawa o fishing expedition. Bakit naman sila matatakot kung malinis ang pinagkakitaan at hindi sa lagay ang kayamanan nila


Ano ang mas mabigat?

Sa aking mga alipores,

Ito ang inyong presidente, PNOYDIKTADOR ay nagtatanong sa sarili kung ano ang mas mabigat na kasalanan, ANG PUMATAY NG MGA TAO o HINDI MAGDEKLARA NG SALN. Kasi kaming mga Cohunagco-Aquinp ay may mga dugo sa aming mga kamay. Ito ay ang mga biktima namin sa Mendiola noong 1987.

The 13 farmers who were killed in the Mendiola Massacre were: Adelfa Aribe, Danilo Arjona, Ronilo Domanico, Dante Evangelio, Bernabe Laquindanum, Roberto Yumul, Leopoldo Alonzo, Dionisio Bautista, Roberto Caylao, Sonny Boy Perez, Vicente Campomanes, Angelito Gutierrez, and Rodrigo Grampan.

Kayo mga tulad kong mga abnoy ano ang masasabi ninyo sa pinatay naming mga magsasaka.

Ang inyong presidente
PNOYDIKTADOR
Presitent-Malacanan University


Nasa buwan ka yata layo ng comment mo

Isipin mo ang kamatayan ay nangyayari hindi sa utos kundi sa emotion at walang control sa sarili ng mga sundalo, pulis, o ng mga nagwewelga. Walang Presidente maski pa si Gloria ang gustong gawin yan dahil makasisira sa kanila. Pnoydiktador naghahari lang ang emotion mong maka Arroyo at Corona kaya relax lang. Mag isip ka ng tama para umasenso buhay mo


Ano ang mas mabigat?

Sa aking mga alipores,

Ito ang inyong presidente, PNOYDIKTADOR ay nagtatanong sa sarili kung ano ang mas mabigat na kasalanan, ANG PUMATAY NG MGA TAO o HINDI MAGDEKLARA NG SALN. Kasi kaming mga Cohunagco-Aquinp ay may mga dugo sa aming mga kamay. Ito ay ang mga biktima namin sa Mendiola noong 1987.

The 13 farmers who were killed in the Mendiola Massacre were: Adelfa Aribe, Danilo Arjona, Ronilo Domanico, Dante Evangelio, Bernabe Laquindanum, Roberto Yumul, Leopoldo Alonzo, Dionisio Bautista, Roberto Caylao, Sonny Boy Perez, Vicente Campomanes, Angelito Gutierrez, and Rodrigo Grampan.

Kayo mga tulad kong mga abnoy ano ang masasabi ninyo sa pinatay naming mga magsasaka.

Ang inyong presidente
PNOYDIKTADOR
Presitent-Malacanan University


ACQUITTED NA SI CHIEF JUSTICE CORONA..BASE SA BATAS

ANG PAGDISCLOSE SA SALN AY NASA SALIGANG BATAS..NASA SALIGANG BATAS( 1987 CONSTITUTION) RIN ANG POWER NG SUMPREME COURT TO PROMULGARE RULES....

MAY RULING NA INILABAS ANG SUPREME COURT NOONG 1989..

KAYA DAPAT MASUNOD ANG 1989 RULING KASI ANG PAGGAWA NITO AY NAKABASE RIN SA SALIGANG BATAS.

DI BA MAKAINTINDI SI BAKLETANG ABNOY PNOY AT ANG MG A KAALAYADO RIN NITONG MGA BOBO,ABNOY AT TANGA.

KAYONG MGA PROSECUTORS MAGBASA NGA KAYO NG CONSTITUTION AT DI LANG SA PANIG NINYO ANG BASAHIN.