Miriam: SC ruled that SALN errors
not necessarily criminal offense

SENATOR-JUDGE Miriam Defensor Santiago said the Supreme Court, as early as in April 2011, had ruled that failures to disclose SALNs could be a case of simple negligence, and not an impeachable or criminal offense.

Santiago cited the SC decision in the case of former Public Works Undersecretary Salvador Pleyto, who was found guilty by the Court of Appeals, on the endorsement of the Presidential Anti Graft Commission and the Office of the President, of failure to disclose the business and financial interests of his wife in his 1999 and 2001 SALN.

In April 2011, the Supreme Court ruled that while Pleyto really did submit an erroneous SALN, he was only guilty of negligence. As a result, Pleyto was given the penalty of forefeiture of the equivalent of six months’ salary from his retirement benefits.

The Supreme Court’s Second Division, through Justice Roberto A. Abad, thus reversed the ruling of the Court of Appeals and partially granted the petition by the Presidential Anti-Graft Commission (PAGC) and the Office of the President (OP) to affirm their finding that Pleyto violated RA 6713. Instead, of dismissal, however, the Court imposed on Pleyto the penalty of forfeiture of the equivalent of six months’ salary from his retirement benefits for simple negligence.

“It should be discussed whether the defendant committed an impeachable offense when (Corona) misdeclared entries or omitted entries in his SALN,” Santiago said.

“What the Supreme Court said is that failure is not dishonesty but simple negligence,” Santiago said.

The high tribunal found that it was not Pleyto himself who prepared his SALN. His SALN was prepared for him by a bookkeeper. At the same time, the court said that it was Pleyto’s wife who was running the family’s business affairs.

“The court had no doubt that the SALN of Pleyto was inaccurate. But it went on to make a distinction between gross misconduct, dishonesty, and negligence<” Santiago said.

Santiago said that the “essential element” now in the impeachment case was for either side to prove or disprove that there was “intent” and “persistent disregard of the rules” to show that the accused was trying to hide evidence of corruption.

Santiago said this was the issue that prosecutors now have to address, and not the issue of which of Corona’s properties were declared in his SALN.

Lead prosecutor Niel Tupas said the prosecution will submit a legal memorandum to respond to Santiago’s points.