Frequently Asked Questions on the Statement of Assets, Liabilities and Networth (SALN) 2020
BASIC INFORMATION
What is the SALN? It is
the statement of assets, liabilities and net worth, and the disclosure of
financial connections or business interests and identification of relatives
within the fourth degree of consanguinity or affinity. Further, it also
requires the declarant to name his/her bilas, balae and inso who are in
government service.
What is the purpose of the SALN? To enjoin all public officers and employees
to declare and submit an annual true, detailed and sworn statement of their
assets, liabilities and net worth, including disclosure of business interests
and financial connections, and to declare to the best of their knowledge their
relatives in the government service.
Who are required to file the SALN? All officials and employees of government are
required to file the SALN. The government pertains to the national and local
governments, including state universities and colleges, and governmentowned and
controlled corporations (GOCC) and their subsidiaries, with or without original
charter.
Who are exempted from filing the SALN Form? 1) Those serving in honorary capacity -
persons who are working in the government without service credit and without
pay. 2) Those whose position title is laborer - persons whose work depends on
mere physical power to perform ordinary manual labor, and not one engaged in
services consisting mainly of work requiring mental skill or business capacity,
and involving the exercise of intellectual faculties. 3) Those who are casual
or temporary workers - persons hired to do work outside what is considered
necessary for the usual operations of the employer's business.
When should the SALN be filed? The SALN
should be filed: 1) within thirty (30) days after assumption of office,
statements of which must be reckoned as of his first day of service; 2) on or
before April 30 of every year thereafter, statements of which must be reckoned
as of the end of the preceding year; or 3) within thirty (30) days after
separation from the service, statements of which must be reckoned as of his
last day of office.
LEGAL BASES
What law governs the filing of the SALN Form? Republic Act No. 6713 otherwise
known as the Code of Conduct and Ethical Standards for Public Officials and
Employees
What form should be used? The currently prescribed
form is the one revised as of January 2015 per CSC Resolution No. 1500088
promulgated on January 23, 2015.
FEATURES OF THE SALN FORM
What are the important features of the SALN form? 1) The SALN form has been made
‘user-friendly’ so it is easy to fill up. 2) Its legal basis is RA No. 6713
(Code of Conduct and Ethical Standards for Public Officials and Employees)
only, because it is the later law compared to RA No. 3019 (Anti-Graft Corrupt
Practices Act). 3) There is a portion where spouses who are both government
employees may indicate whether they are filing jointly or separately. 4) In the
declaration of real properties, the form requires the exact location of the
property. 5) The form clarifies that the Assessed Value and the Current Fair
Market Value should be based on what is stated in the Tax Declaration of Real
Property. 6) Several portions of the previous form have been removed like the
amount and sources of gross income, amount of personal and family expenses and
amount of income taxes paid, all of which were required to be declared under RA
No. 3019 (Anti-Graft Corrupt Practices Act). 7) The declaration of nature of
real properties is no longer required. 8) The subcategories (tangible,
intangible) under personal properties were removed. 9) In the present form, the
identification of relatives is required to be ‘to the best of my knowledge’.
All other declarations are required to be ‘true and detailed.’
FILLING-OUT THE SALN FORM
In case declarant spouses are both in the government service, how should
they file their SALN jointly? In case of joint filing,
all real and personal properties shall be declared including their respective
paraphernal and capital properties, if there are any. After filling out the
form, the spouses may reproduce the SALN Form as the number of copies is
required, but their signatures should be original in the SALN Form to be
submitted to their respective agencies.
If the declarant’s spouse is not in the government service, or if the
declarant is unmarried, what box should the declarant tick off in the top
portion of the SALN referring to joint or separate filing of the SALN Form? The declarant shall tick off the box marked as “Not applicable.”
If my spouse is working in the private sector, is he/she still required
to sign my SALN? Yes, if the spouse is not a public officer
or employee, the declarant shall still cause him/her to sign the SALN.
If the declarant was single during the preceding year and got married at
the year of the filing of the SALN, what should be his/her status at the time
of the filing of the SALN Form? Declarant would still be single since the
SALN Form refers to the preceding year. Hence, his/her properties shall still
be declared as his own, and not community property or the property regime
agreed upon at the time of marriage.
In the case of uniformed personnel, what should they indicate in the
space requiring the position? Is it the rank or the
designation? Uniformed personnel are
appointed to rank, thus, they should indicate their rank in the blank space for
position.
DECLARATION OF REAL AND PERSONAL PROPERTIES
What is the meaning of ‘living in declarant’s household’? Actual presence in the residence
of the declarant.
Are children who are supported by the declarant but living outside the
household due to studies included in the declaration? Yes, it includes dependent
children who are temporarily staying apart from the declarant’s household due
to studies.
Why do I need to declare the property of my spouse and unmarried
children below (18) years of age living in my household? It is required by RA No.
6713.
What is the basis of requiring the signature of spouse? The properties of the
declarant’s spouse are required by law to be disclosed, hence, he/she is
required to certify the correctness of such declaration.
If declarant and spouse are separated in fact or legally separated, is
the declarant’s spouse still required to sign the SALN? Spouses who are separated in fact or legally separated are still
considered husband and wife, hence, the declarant’s spouse is still required to
sign the SALN Form.
What if the said spouse refuses to sign the declarant’s SALN? The declarant just has to
attach an explanation why no signature of spouse is present in the SALN.
What is the assessed value and current fair market value? For purposes of the SALN, the
amounts found in the tax declaration of real properties shall be used as the
basis for the declaration.
How are mortgaged properties declared in the SALN? Mortgaged properties are already
under the name of the declarant. Hence, the mortgaged properties shall be
declared either under real or personal properties. The acquisition cost to be
declared shall be the actual purchase price. However, the declarant should
declare the outstanding balance of the mortgage loan as of December 31 of the
preceding year under Liabilities.
Should insurance policies be declared in the SALN? Yes, under personal properties.
The amount to be disclosed under acquisition cost shall be the amount already
paid.
Should pensions be declared in the SALN? Pensions received for the year of declaration
should be declared as personal property either cash on hand or cash in bank, as
the case may be.
Should shares of stock be declared in the SALN? Yes, shares of stock are
personal properties. The acquisition cost shall refer to the amount paid in
acquiring the share of stock not the total value thereof as of December 31 of
the preceding year.
How are earnings and income from other sources declared? These shall either form part of
the declarant’s cash on hand or in bank which shall be determined as of
December 31 of the preceding year.
How do we declare inherited properties? Inherited properties are transferred to the
heirs by operation of law. Hence, even without a transfer of the property under
the name of the declarant, the latter shall declare his/her share in the
inherited properties as his/her assets. For the acquisition cost, the declarant
shall state zero (0). For real properties inherited, the declarant is required
to provide the assessed value and current fair market value found in the tax
declaration of the real properties concerned.
Do we have to declare minimal valued properties? Yes, the law does not
distinguish.
How do we declare minimal valued properties? The declarant may declare minimal valued
properties collectively, according to the nature/kind of the personal property
like books; and the declarant may use “various years” as year acquired.
Is it not burdensome on the part of the declarant to declare all
personal properties? No,
because properties of minimal value or with the same kind/nature may be
declared in group/bulk.
Is there a ceiling on the price of property that we declare? R.A. No. 6713 does not provide
for a ceiling on properties to be declared.
DECLARATION OF LIABILITIES
How should credit card liabilities be declared? The outstanding balance as of December 31 of the preceding year shall
be declared.
Do we need to declare personal loans and the names of the creditors? Yes, it shall be declared under
liabilities.
DECLARATION OF INTEREST
How do I distinguish between financial connection and business interest? Business interests refer to
declarant’s existing interest in any business enterprise or entity, aside from
his/her income from government while financial connections refer to declarant’s
existing connections with any business enterprise or entity, whether as a
consultant, adviser and the like, with an expectation of remuneration for
services rendered.
RELATIVES BY AFFINITY, CONSANGUINITY PLUS
INSO, BALAE AND BILAS
What is the extent of the fourth civil degree of affinity and
consanguinity?
Relatives in the first degree of consanguinity include the declarant’s
father, mother, son and daughter. Relatives in the first degree of affinity
include the declarant’s father-in-law and motherin-law.
Relatives in the second degree of consanguinity include the declarant’s
brother, sister, grandmother, grandfather, grandson and granddaughter.
Relatives in the second degree of affinity include the declarant’s brother-in-law,
sister-in-law, grandmother-in-law, grandfather-in-law, granddaughter-inlaw and
grandson-in-law.
Relatives in the third degree of consanguinity include the declarant’s
nephew, niece, uncle and aunt. Relatives in the third degree of affinity include
declarant’s nephew-in-law, niece-in-law, unclein-law, auntie-in-law.
Relatives in the fourth degree of consanguinity include the declarant’s
first cousin.
Why do I need to declare Inso, Balae and Bilas? It is required by the
implementing rules of RA No. 6713, and it is included in the definition of
relatives in the government under RA No. 6713.
SIGNATURE; OATH
Who are persons authorized to administer oath? For SALN purposes, the head of agency has the authority to administer
oath. However, the head of agency is allowed to delegate such authority
provided the delegation of authority is put into writing.
Can a declarant take his/her oath before other persons authorized to
administer oath such as notary public? Yes.
ISSUES PERTAINING TO AUTHORITY OF OMBUDSMAN
AND OTHER AGENCIES
What is the extent of authority given to the Ombudsman by virtue of the
authorization executed together with the SALN? The Ombudsman is authorized to obtain and
secure from all appropriate government agencies, including the Bureau of
Internal Revenue such documents that may show the declarant’s assets,
liabilities, net worth, business interests and financial connections.
Source: Civil Service Commission Official Website
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