QuestionsQuestions (MEMORANDUM ORDER NO. 13)
The requirement is found in Republic Act (RA) No. 6713, the “Code of Conduct and Ethical Standards for Public Officials and Employees,” which mandates public officials and employees to accomplish and file under oath their Statement of Assets, Liabilities and Net Worth (SALN) and their Disclosure of Business Interests and Financial Connections (DBIFC), including those of their spouses and unmarried children under 18 living in their households.
Rule VIII authorizes certain officials of the Executive, Legislative, and Judicial Departments, as well as Constitutional Commissions and Offices, to establish compliance procedures for the review of SALNs to determine whether they have been properly accomplished and filed.
CSC Resolution No. 1300455 dated 04 March 2013 is cited. It amends the guidelines on who may review and evaluate SALNs and DBIFCs, and it requires each agency/office to have a Review and Compliance Committee (RCC) composed of a Chairperson and two (2) members.
Section 27, Chapter 9, Title III, Book III of Executive Order No. 292 (Administrative Code of 1987) is cited as authority for constituting an RCC for the identified seats of officials and personnel in the Office of the President (OP) Proper.
For Presidential appointees: the Chairperson is the Undersecretary of the Office of the Executive Secretary (OES), and the members are two (2) Assistant Secretaries of the OES. For non-Presidential appointees: the Chairperson is the Deputy Executive Secretary for Internal Audit (DESIA), and the members are the Assistant Executive Secretary of the Office of the DESIA and the Director of ODESIA.
The RCC must receive SALNs and DBIFCs; evaluate whether they are submitted on time, complete, and in proper form; notify officials of incomplete/apparent erroneous data to correct/supply information; prepare lists of (i) complete filers, (ii) incomplete filers, and (iii) non-filers; issue compliance orders; refer failure cases for disciplinary action; supervise transmittal of original copies to repository offices/agencies; and perform other tasks consistent with law and rules.
The RCC must prepare the list and submit it to the Executive Secretary, copy furnished the CSC, on or before May 15 of every year.
The RCC must supervise the transmittal of all original copies of SALNs and DBIFCs received on or before June 30 of every year to the concerned repository offices/agencies.
The RCC must notify the concerned official/person to correct/supply the desired information and issue compliance orders requiring the official/person to supply/correct the desired information.
The RCC must issue compliance orders requiring compliance, and then refer the list of officials/personnel who failed to submit or correct their SALNs and DBIFCs to the Executive Secretary or to the OP Internal Affairs and Complaints Committee (as the case may be) for possible institution of disciplinary administrative proceedings.
Subject to existing laws, rules, and regulations, the RCCs jointly must submit to the Executive Secretary a revised compliance procedure for the review of SALNs and DBIFCs in the OP Proper within sixty (60) days from the effectivity of the Memorandum Order.
It states that all orders/issuances or portions thereof, including Memorandum Order No. 182 (s. 2005), as amended, that are inconsistent with this Order are revoked, amended, or modified accordingly.
It “shall take effect immediately.”
The text states that SALN and DBIFC must include those of the official’s spouse and of unmarried children under eighteen (18) years of age living in their households.
Its purpose is to facilitate review and compliance procedures in the filing and submission of SALNs and DBIFCs in the OP Proper, ensuring proper timeliness, completeness, and correctness, and enabling appropriate compliance orders and referral for disciplinary action.