Escudero: Gov't, commissions can issue order lifting bank secrecy rights of execs, employees

The three branches of the government and the constitutional commissions can issue a resolution, circular or order that will require their officials and employees to waive their rights under the Bank Secrecy Law while filing their Statement of Assets, Liabilities and Net Worth (SALN).

This was raised by Senator Francis "Chiz" Escudero when asked about the chances of the bill filed in the 19th Congress requiring government officials and employees to submit a written permission or waiver allowing the Office of the Ombudsman to examine or inquire into all their deposits in banks and other financial institutions inside or outside the Philippines.

In an interview on Super Radyo dzBB, Escudero said he had already filed this bill in the past five Congresses but it was not approved by the legislature.

"May isa ring paraan na hindi kinakailangan ng batas. Ang Korte Suprema puwede mag-issue ng regulasyon na saklaw lahat ng judges at empleyado ng Korte Suprema kasama ang mababaang korte. Ang [Commission on Elections, Civil Service Commission at Commission on Audit], puwede mag-issue ng circular para sa kanilang empleyado," the returning senator said.

(There is another way of requiring this even without a law. The Supreme Court can issue a regulation that will require the judges and the employees of the High Court including those in the lower courts to sign a waiver. The Comelec, CSC and COA can also issue a circular to their employees.)

"Ang president puwede rin mag-issue ng executive order o administrative order na sumasaklaw sa lahat ng empleyado sa Executive Department. Ang  speaker at ang Senate president pwede rin mag-issue ng resolusyon na kaugnay nito na 'di kailangan ng batas na mag-a-apply lamang sa mga empleyado ng kada ahensya ng gobyerno," he added.

(The president can likewise issue an executive order or an administrative order that covers all the employees of the Executive Department. The speaker and the Senate president can also issue a resolution on this.)

The senator explained that his pet bill is not seeking amendments to the Bank Secrecy Law. It will merely require government officials and employees to sign a waiver upon the filing of their respective SALNs.

Section 2 of the still unnumbered bill filed by Escudero states that: "All public officials and employees as defined under paragraph (b) in relation to paragraph (a), Section 3 of Republic Act No. 6713, except those who serve in honorary capacity, shall submit to the Office of the Ombudsman a written permission or waiver in favor of the Office of the Ombudsman to examine, inquire and look into all their deposits, in banks and other financial institutions, both in and outside the Philippines, including investment bonds issued by the government of the Philippines, its political subdivisions and instrumentalities."

The written permission or waiver shall be submitted within 30 days from the date of their assumption of office.

Public officials and employees who are already serving upon the effectivity of the proposed measure shall submit their waivers and written permission not later than 30 days from the effectivity of the implementing rules and regulations of the proposed law.

Those who fail or refuse to submit such will not be allowed to enter upon or continue exercising the functions of his or her office.

Under the proposed measure, only the Office of the Ombudsman shall obtain or use the written permission or waiver as well as the information and data obtained.

The waivers and written permissions cannot be used for other purposes except  for investigating a duly verified complaint or for prosecuting a case before the courts.

"Hindi gagalawin ang Bank Secrecy Law. Ang ginagawa lang ng panukalang batas na 'yan ay nire-require lahat ng empleyado at opisyal ng gobyerno kasabay ng pag-file niya ng SALN niya na pumirma ng waiver ng secrecy of bank deposits para ito ay puwede matingnan ng AMLC, ng Ombudsman at ng DOJ upang sa ganon hindi magamit ang Bank Secrecy Law na itago anumang nakaw o hindi karapat-dapat na pera o yaman na meron sila," he explained.

(This will not change the Bank Secrecy Law. This proposed bill will just require all employees and officials to sign a waiver upon the filing of their SALNs so the AMLC, the Ombudsman and the DOJ can look into their bank deposits. This measure will prevent government employees and officials from using the Bank Secrecy Law in hiding any ill-gotten wealth or questionable assets that they have.)

"Simple ang paniniwala ko — kung wala kang kinakatakutan, kung wala kang tinatago, wala ka dapat katakutan. Kung ayaw mo pumirma ng waiver e di 'wag ka pumasok sa gobyerno," Escudero stated.

(My stand is very simple. If they are not hiding anything, they should not worry about this measure. If you don't want to sign a waiver, then don't work in the government.) —KG, GMA News