Stare Decisis: Failure to Include Certain Properties in One’s SALN is Still

an Impeachable Offense

During the course of Former Chief Justice Renato Corona’s impeachment trial,
the late Senator Miriam Defensor-Santiago asked for a legal memorandum from both
the defense and the prosecution panels to clarify the issues that arose with the now-
household term: SALN. After Renato Corona’s impeachment trial, it opened a lot of
eyes that used to look away when asked to fix the problem in order to avoid vagueness,
confusion and might turn into a trap for either side of the panels to fall into and for the
public officer to be another casualty. It’s 2018, and although the Constitution continues
to leave it to the Civil Service Commission re “as may be required by law” to improve or
change the guidelines absent a “Clear-cut indicator.” With the looming impeachment of
Chief Justice Sereno, the SALN acronym would once again resurface.

Currently, the rules covering every public officer’s duty to comply with his or her
Statement of Assets, Liabilities, and Net Worth (SALN) in order to uphold the mantra of
“Public office is public trust,” are Section 17, Article IX of the 1987 Philippine
Constitution1 requires public officers and employees to submit, upon assumption to
office and during such period as may be required by law, a declaration under oath of
their assets, liabilities and net worth (SALN).

The requirement on the filing of SALN is likewise found in Section 8 of RA 67132,

the Code of Conduct and Ethical Standards for Public Officials and Employees which
requires the declarations under oath of, and the public has the right to know, their
assets, liabilities, net worth and financial and business interests including those of their
spouses and of unmarried children under 18 years of age living in their households.

In 2015, the Civil Service Commission resolved to adopt new rules to serve as
amendments to the SALN Form such as adding “exact location” in its declaration of real
properties part as well as specifying the agencies where the SALNs are to be submitted.
All these improvements were created in order to have a clear-cut indicator for issues
that may arise in the future.

But the facts are supported and the established jurisprudence still stand that
failure to include certain properties in one’s SALN is an impeachable offense. The
principle of Stare Decisis states that once a question of law has been examined and
decided, it should be deemed settled and closed to further argument.3 In 2012, the late
Chief Justice Renato Corona was impeached due to culpable violation of the
Constitution and/or betrayal of public trust when he failed to disclose to the public his

1
The 1987 Constitution of the Philippines.
2
RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees.
3
De Mesa v. Pepsi Cola Products Phils., Inc., G.R. Nos. 153063-70, August 19, 2005, 467 SCRA 433, 440.
SALN as required in Section 17, Article IX of the 1987 Constitution.4 The Impeachment
Court is different from the Supreme Court and although 3 of the members of the
Impeachment Court voted to acquit Corona, the majority spoke louder.

Former Chief Justice Artemio Panganiban himself published his opinion in the
Inquirer5 news column entitled “Omissions in SALN.” There, CJ Panganiban gave a
handful Supreme Court-decided cases that involved public officers from different ranks.
He begins his article by answering the reader’s question: “What is the penalty for failure
to include some of (his) properties in his statements of assets, liabilities and net worth?”
Dismissal from service, the former Chief Justice replied.

Under the purview of Article 203 of the Revised Penal Code, public officers are
equal in the eyes of the law. While the Supreme Court decided their administrative
cases following a strict mindset for the public officers though lower in rank compared to
the highest magistrate of the Philippines, they did it in order not to undermine the
integrity and accountability of the SALN. The Impeachment Court whose subjects are
those high ranking public officers has the strictest gauge. The failure to include certain
properties in one’s SALN absent an unquestioned evidence from the prosecution that it
was done in bad faith and dishonesty will remain an impeachable offense.

4
“Articles of Impeachment against Chief Justice Renato C. Corona (December 12, 2011) | GOVPH.” Official Gazette
of the Republic of the Philippines, www.officialgazette.gov.ph/2011/12/12/articles-of-impeachment-against-chief-
justice-renato-c-corona-december-12-2011/.
5
Panganiban, Artemio V. “Omissions in SALN.” Philippine Daily Inquirer, 25 Feb. 2012.