Monsod: Filing of SALN does not constitute disclosure
Posted at 01/20/2012 5:47 PM
The mere filing of the Statement of Assets, Liabilities and Net worth (SALN) does not constitute disclosure, according to constitutionalist Christian Monsod. He said disclosure means that SALN should be easily available to the public. He also urged Senator-judges in the impeachment trial of Chief Justice Renato Corona to refrain from moves that can be interpreted as partiality.
January 20, 2010, Dateline Philippines, ANC
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Law requires mere FILING
What the SALN law requires is for one to FILE his SALN. The law does not compel one to go to the media to DISCLOSE and BROADCAST his SALN or to climb the highest building in Makati and wave his SALN in the air for all to see. Disclosure is not the obligation of the filer of the SALN but the discretion of the office or agency with which it was filed and has custody over the it. If the agency refuses to the release/disclose the SALN that is no longer the fault of the filer.
Law requires mere FILING?? Are you also a seasoned lawyer?
Where in the law that states “Disclosure is not the obligation of the filer of the SALN but the discretion of the office or agency with which it was filed and has custody over the it.”
Do you know really know RA 6713 law or at least seen yourself the SALN form or you just simply listened to a seasoned lawyer playing with words and technicalities just to protect his client?
In my opinion, philosophical nonsense response such as broadcast to media or Plaza Miranda may simply interpret as ignorance of law or probably because of their high expertise in law they think that they can twist the meaning of disclosure and people will still blindly believe them.
Most probably, native English speakers will be laughing if they found out that some of the best lawyers in the Philippines defined “Filed and Disclosed” as the same meaning or even worst, they will think that because of money, topnotch lawyers can spell black as “W-H-I-T-E” and people of the Philippines will be so impressed on their being too creative in interpreting the law and still can acquit their client.
YES
YES I AGREE, HOPEFULLY THE PROSECUTION MUST SEE THE DIFFERENCE AND SOUGHT CRIMINAL CHARGES FOR CORONA FOR NOT DISCLOSING HIS REAL ASSETS.
Filed vs. Disclosed
Agree! Filing is completely different than disclosing. Although, some lawyers will try to manipulate the two words as the same because they are paid to do that, but these two words are absolutely have different meanings.
Example: You filed a Financial Statements in SEC per deadline established by the said agency. The SEC accepted it but it was discovered after investigation that the company did not disclose the material events or transactions to hide the real situation of the company on the sight of the stakeholders (investors). This is considered fraud and betrayed the trust of their investors.
In case of SALN, they were filed on time (although in a wrong place due to a mere resolution of SC and should not be above the law RA 6713) but during investigation, it was discovered that there were transactions omitted to hide the real financial status on the sight of the stakeholders (People of the Philippines). You may conclude from this point.
I think prosecutors should differentiate "filed versus disclosed" SALN. You don’t need to be an English expert to distinguish the two. In my opinion, their article impeachment number 2 header of Non-Disclosure of SALN is quite correct and succeeding paragraphs are just proper to include there! I also think that majority of Senators-Lawyers (and I hope Senators-non-lawyers too) knows exactly the difference between the two.
@rick07
KUDOS TO YOU!!!
I APPLAUDED YOU TO HAVE THESE TWO TERMS CLEARLY DIFFERENTIATED.
BUT IT SEEMS ONLY THE DEFENSE TEAM DOES NOT SEE IT SO, AS USUAL THEY LIKE TO COVER UP THE SHAMEFUL DOINGS OF THE THIEF JUSTICE.
YEAH AND THEY ARE MAKING TONS OF MONEY OUT OF THIS.
AND WHO IS PAYING, THESE SHAMELESS LAWYERS OF CORONA?
I GUESS THEY ARE NOT PRO-BONO, I WOULD LIKE TO MAKE A WILD GUESS
ITS THE ARROYOS JUST LIKE WHAT THE LITTLE GIRL DID WHEN SHE PAID THE BACK OPERATION OF CORONA.
SO CLEAR, THE EQUATION.