Managing Conflict of Interest - Organisation for Economic Co ...

Asset declaration in the PhilippinesPelagio S. ApostolDeputy Ombudsman for Visayas, Office of the Ombudsman–Visayas, PhilippinesHistory of Legislation on Asset DeclarationThe Philippines has a long legislative history focused on combatingcorruption and promoting ethical behavior in public service. Asearly as 1955, provisions related to conflict of interest were includedin key legislation governing public sector activities. Enacted in 1955,Republic Act 1379 (RA 1379) requires that any property found tohave been unlawfully acquired by any public officer or employeeshall be forfeited in favor of the State. Further, the Act specifiedthat property acquired by any public officer or employee during hisor her incumbency which is found to be inconsistent with his or hersalary or other legitimate income shall be presumed prima facie tohave been unlawfully acquired.In order to effectively implement RA 1379, several legislativemeasures requiring greater transparency and disclosure in publicservice were adopted. In 1960, Republic Act 3019 (RA 3019) wasadopted as the Anti-Graft and Corrupt Practices Act of the Philippines.Section 7 of RA 3019 outlined a new requirement of assetdeclaration to help identify evidence of illegal enrichment. In 1989,this particular section of the Act was modified and expanded bythe passage of Republic Act 6713, otherwise known as the Code ofConduct and Ethical Standards for Public Officials and Employees.Section 8 states that public officials and employees have an obligationto accomplish and submit declarations under oath of, and thepublic has the right to know, their assets, liabilities, net worth, andfinancial and business interests including those of their spouses andof unmarried children under 18 years of age living in their households.Public access to these written declarations or statements issubject to the following conditions:• Statements under oath shall be made available for inspectionat reasonable hours and for copying or reproductionafter 10 working days from the time they are filed as requiredby law.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific