THIRD DIVISION
G.R. No. 215877, June 16, 2021
OFFICE OF THE DEPUTY OMBUDSMAN FOR LUZON, Petitioner, v. HURLEY D. SALIG, Respondent.
D E C I S I O N
DELOS SANTOS, J.:
1. Letter-reply from the LTO disclosed that PENRO Salig owns three (3) utility vehicles, to wit:chanroblesvirtualawlibraryPursuant to the Fact-Finding Report, the PACPO filed a Complaint Affidavit16 against Salig with the ODOL.17 The complaint centered on Salig's alleged undeclared wealth in his SALNs for the years 2002 to 2005.(a) MITSUBISHI STRADA 2006 MODEL,Another vehicle, a Honda City 1998 model, is registered under .the name of [Salig's] wife, Mrs. Elenita Tamisin Salig;
(b) HYUNDAI STAREX GOLD CRD 2005 MODEL, and
(c) MITSUBISHI-UTILITY 2002 MODEL;
2. The Office of the City Assessor, Calamba City, Laguna submitted two (2) Declarations of Real Property in the name of Spouses Salig, to wit:chanroblesvirtualawlibrary(a) TD No. 04534-RESIDENTIAL LOT (168 square meters), acquired on April 26, 2000 for P117,600.00, covered by TCT No. T-461154, located at Sta. Cecilia Subdivision, Barangay Parian, Calamba City, Laguna; and3. The sworn Statement of Assets, Liabilities and Net Worth (SALN) of respondent Salig for the years 2002 to 2005 disclosed that he has a total net worth of Five Million [pesos], more or less;
(b) TD No. 04898-RESIDENTIAL LOT (267 square meters), Block 3, Lot 6, Sta. Cecilia Subd., [Barangay] Parian, Calamba City, Laguna, with a Market Value of P1,629,175.25;
x x x
5. The records of the Department of Trade and Industry (DTI) reveal that respondent's wife, Elenita Tamisin Salig, is engaged in the following business ventures:
Business Name Location Date of Registration (a) Joval Billiard Hall Los Baños, [Laguna] January 2002 (b) Twin-Queen Travel and Tours Calamba City, [Laguna] January 2005 (c) Flawless Videoke Bar and Disco Calamba City, [Laguna] August 2005 (d) Flawless 2 Cafe Bar and Videoke Los Baños, [Laguna] August 2005 (e) Salig Management Consultancy and Services Calamba City, [Laguna] August 200515
WHEREFORE, judgment is hereby rendered finding respondent Hurley D. Salig GUILTY of Grave Misconduct, Serious Dishonesty and violation of Section 8 of Republic Act No. 6713, otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees. Respondent Hurley D. Salig is hereby meted the penalty of DISMISSAL FROM THE SERVICE with accessory penalties of Cancellation of Eligibility, Forfeiture of Retirement Benefits and Perpetual Disqualification for Re-employment in the Government Service pursuant to Section 10, Rule III, Administrative Order No. 07, as amended by Administrative Order No. 17 in relation to Section 25 of Republic Act No. 6770.The ODOL declared that the evidence against Salig proved that he acquired properties that were manifestly disproportionate to his salary and other lawful income. The ODOL stated that this constituted grave misconduct since the elements of corruption, clear intent to violate the law, and flagrant disregard of established rule were present.
The Secretary of the Department of Environment and Natural Resources (DENR), Visayas Avenue, Quezon City, is hereby directed to implement this DECISION immediately upon receipt thereof pursuant to Section 7, Rule III of Administrative Order No. 17 (Ombudsman Rules of Procedure) in relation to Memorandum Circular No. 1, Series of 2006 dated 11 April 2006, and to promptly inform this Office of the action taken hereon.
SO DECIDED.26chanRoblesvirtualLawlibrary
WHEREFORE, the petition is PARTIALLY GRANTED. The Decision dated March 16, 2012 and Order dated May 2, 2013 of the Office of the Deputy Ombudsman for Luzon are MODIFIED to the effect that the findings of Grave Misconduct and Dishonesty against Hurley Salig are hereby SET ASIDE and in lieu thereof, the latter is hereby found guilty of Simple Negligence and shall suffer the penalty suspension of six months without pay.The CA ruled on the procedural aspect that the Complaint-Affidavit filed by the ODOL, through PACPO, need not contain a certification of nonforum shopping since the certification would be necessary only in cases where the complaint was filed by a complainant other than said office. However, in this case, the complainant was PACPO-Luzon, an organizational unit from the same office. Also, the CA declared that the complaint was filed after the verification was made with the advice that no similar case was filed against Salig before the OMB. Thus, the required certification of non-forum shopping was deemed satisfied.30
SO ORDERED.29chanRoblesvirtualLawlibrary
Also, the records show Salig's SALNs summary for the years 2002 to 2005:36chanrobleslawlibrary
Inclusive Dates Position Status Salary Place of Assignment From To 11/21/86 12/31/87 Forester Casual P32.82/D BFD-Region
10 01/01/88 01/01/89 Forester Casual 53.60/D -do- 01/02/89 06/30/89 Sr. Forester Permanent 27,348.00/A -do- 07/01/89 01/01/92 Forester II -do- 53,016.00/A -do- 01/02/92 02/26/94 -do- -do- 53,556.00/A -do- 03/01/94 12/31/94 For. Mgt.
Spec. II -do- 61,956.00/A -do- 01/01/95 -do- -do- 73,956.00/A -do- 01/02/95 12/31/95 -do- -do- 74,484.00/A -do- 01/01/96 12/31/96 -do- -do- 93,912.00/A -do- 01/01/97 02/09/97 -do- -do- 119,544.00/A -do- 02/10/97 10/31/99 Sr. Forest
Mgt. Spec. -do- 137,940.00/A -do- 11/01/97 02/06/98 -do- -do- 164,580.00/A -do- 02/07/98 12/31/99 CENRO -do- 216,336.00/A -do- 01/01/00 02/[07]/01 -do- -do- 237,972.00/A -do- 02/[08]/01 06/30/01 -do- -do- 243,924.00/A -do- 07/01/01 02/06/04 -do- -do- 256,118.00/A -do- 02/07/04 PRESENT -do- -do- 262,524.00/A -do-
Based on the tables, the ODOL opined that Salig received the total income of P3,495,885.48 from 1986 until 2006 and that such income was manifestly disproportionate to his real and personal properties, as well as business interests.
Real Properties 2002 2003 2004 2005House & Lot in Los Baños P200,000.00 P200,000.00 P200,000.00 P200,000.00House & Lot in Calamba 7,000,000.00 7,000,000.00 7,000,000.00 7,000,000.00Lot in Bay 200,000.00 200,000.00 200,000.00 200,000.00Personal Properties Endeavor Mitsubishi P679,000.00 P679,000.00 P679,000.00 P679,000.00Mitsubishi Adventure 700,000.00
(2001) - 700,000.00
(2004) 700,000.00
(2004)Total Assets P8,779,000.00 P8,079,000.00 P8,779,000.00 P8,779,000.00Liabilities House & Lot Loan - RCBC P3,000,000.00 P3,000,000.00 P3,000,000.00 P3,000,000.00Car Loan - RCBC 500,000.00 - 500,000.00 500,000.00GSIS Salary Loan 150,000.00 150,000.00 150,000.00 150,000.00Total LiabilitiesP3,650,000.00 P3,650,000.00 P3,150,000 P3,650,000 P3,650,000Net Worth P5,129,000.00 P4,929,000.00 P5,129,000.00 P5,129,000.00Business Interests Flawless Disco & Restaurant
Tri E LendingFlawless Disco & Restaurant
Tri E LendingFlawless Disco & Restaurant (Los Baños)
Flawless
Disco &
Restaurant
(Calamba)
Tri E LendingFlawless Disco & Restaurant (Los Baños)
Flawless Disco & Restaurant (Calamba)
Tri E Lending
Indeed, as regards the vehicles, it is true that the Hyundai Starex was not declared in Salig's SALNs for the years 2002-2005 but there is no showing that it was done to defraud the government or to conceal unexplained wealth. Besides, there is no evidence indicating that the vehicle was acquired on the same period as the SALNs on record. The only basis of the public respondent in stating that Salig failed to declare the Hyundai Starex in his 2002-2005 SALNs was the letter dated November 29, 2006 from the Land Transportation Office verifying the items of vehicles registered in the names of Salig and his wife, Elenita. The letter did not disclose the year that the said vehicle was registered in the name of Salig or the year in which he acquired the same. We cannot thus assume that Salig acquired the Hyundai Starex between 2002-2005 which would give rise to his duty to declare the same in his SALN in that given period. As to the Honda City 1998 model, the records show that it was registered to Elenita, and Salig explained that the same was not included in his SALN since it was already sold through a car broker. Anent the Mitsubishi Adventure, while it is correct that Salig failed to declare the same in 2003, however, his intent to conceal the same was negated when he declared it in his SALNs for 2004-2005.Truly, it should be understood that the laws on SALN aim to curtail the acquisition of unexplained wealth. However, where the source of the undisclosed wealth can be properly accounted for, then it is "explained wealth" which the law does not penalize.41
We also go over Tax Declaration Nos. 04534 and 04898 which described the real properties covered therein as Lot 4 and Lot 6 of Block 3, respectively, of Sta. Cecilia Subdivision in Calamba City and were adjacent and contiguous to each other. Moreover, the acquisition cost of the property covered by TD No. 04534 was only P117,600.00 and while that of the property covered by TD No. 04898 was not indicated, its market value already amounted to P1,629,175.25. We notice that Salig's SALNs described a house and lot in Calamba City under the column "Real Properties" with an acquisition cost of P7,000,000.00. The properties covered by TD Nos. 04534 and 04898 would ineluctably correspond to the property in Calamba City which Salig declared in his 2002-2005 SALNs. Simply put, Lots 4 and 6, Block 3 of Sta. Cecilia Subdivision are the same properties as the "Calamba property" that Salig declared in his SALNs although he did not specify therein that it consists of two lots. Hence, it is erroneous to state that these properties covered by TD Nos. 04534 and 04898 were undeclared.
Besides, it would be absurd to entertain the idea that Salig intended to conceal his wealth when on record he even bloated the value of his property. Also, if that was his intention altogether, he should not have included his property in Bay, Laguna in his SALN considering that the same was not yet registered in his name as indicated in the Certification dated November 29, 2006 of the municipal assessor of the area.
In the same vein[,] We could not consider as dishonesty the failure of Salig to specify all the business ventures managed by his wife Elenita. It is very apparent in the face of his SALN that his wife, as an entrepreneur, was engaged in business or several businesses. By declaring the occupation of his wife as an entrepreneur, Salig professed his wife's business interests although he failed to name all of them.40chanRoblesvirtualLawlibrary
SEC. 10. Review and Compliance Procedure. - (a) The designated Committees of both Houses of the Congress shall establish procedures for the review of statements to determine whether said statements which have been submitted on time, are complete, and are in proper form. In the event a determination is made that a statement is not so filed, the appropriate Committee shall so inform the reporting individual and direct him to take the necessary corrective action.Section 1, Rule VIII (Review and Compliance Procedure) of the Rules42 Implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713) states:chanroblesvirtualawlibrary
(b) In order to carry out their responsibilities under this Act, the designated Committees of both Houses of Congress shall have the power within their respective jurisdictions, to render any opinion interpreting this Act, in writing, to persons covered by this Act, subject in each instance to the approval by affirmative vote of the majority of the particular House concerned.
The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in this Act.
(c) The heads of other offices shall perform the duties stated in subsections (a) and (b) hereof insofar as their respective offices are concerned, subject to the approval of the Secretary of Justice, in the case of the Executive Department and the Chief Justice of the Supreme Court, in the case of the Judicial Department. (Emphases supplied)
SEC. 1. The following shall have the authority to establish compliance procedures for the review of statements to determine whether said statements have been properly accomplished:It is clear that Section 10 of R.A. No. 6713 and its IRR allow for corrective measures.43 The head of office has the authority to establish compliance procedures and review whether SALNs have been submitted on time, complete, and in the proper form. If it is determined that an employee did not file his or her SALN, or that the SALN has not been properly accomplished or has incomplete data, the head of office or compliance committee should inform the employee concerned and require him or her to file, correct, or supply the essential information, and make the necessary corrections.
(a) In the case of Congress, the designated committees of both Houses of Congress subject to approval by the affirmative vote of the majority of the particular House concerned; (b) In the case of the Executive Department, the heads of the departments, offices and agencies insofar as their respective departments, offices and agencies are concerned subject to approval of the Secretary of Justice; (c) In the case of the Judicial Department, the Chief Justice of the Supreme Court; and (d) In the case of the Constitutional Commissions and other Constitutional Offices, the respective Chairman and members thereof; in the case of the Office of the Ombudsman, the Ombudsman.
The above official shall likewise have the authority to render any opinion interpreting the provisions on the review and compliance procedures in the filing of statements of assets, liabilities, net worth and disclosure of information.
In the event said authorities determine that a statement is not properly filed, they shall inform the reporting individual and direct him to take the necessary corrective action.
The individual to whom an opinion is rendered, and any other individual involved in a similar factual situation, and who, after issuance of the opinion acts in good faith in accordance with it shall not be subject to any sanction provided in the Code. (Emphases supplied)
Endnotes:
1Rollo, pp. 36-55.
2 Id. at 12-29; penned by Associate Justice Zenaida T. Galapate-Laguilles, with Associate Justices Mariflor P. Punzalan Castillo and Victoria Isabel A. Paredes, concurring.
3 Id. at 31-32.
4 CA rollo, pp. 98-115.
5 Id. at 27-35.
6 Id. at 38.
7 Id.
8 Id.
9 Docketed as CPL-L-05-2245.
10Rollo, pp. 38-39.
11 CA rollo, pp. 38-40.
12 An Act Declaring the Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Proceedings Therefor; approved on June 18, 1955.
13 CA rollo, p. 39.
14 Id. at 40.
15Rollo, p. 14.
16 CA rollo, p. 37.
17 Docketed as OMB-L-A-07-0481-G.
18 CA rollo, pp. 84-88.
19Rollo, p. 15.
20 Id.
21 Id.
22 Id.
23 Supra note 4.
24 Sec. 8. Statements and Disclosure. - Public officials and employees have an obligation to accomplish and submit 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 eighteen (18) years of age living in their households. x x x
25 Also known as the Code of Conduct and Ethical Standards for Public Officials and Employees; approved on February 20, 1989.
26 CA rollo, pp. 113-114.
27 Supra note 5.
28 Supra note 2.
29Rollo, p. 28.
30 Id. at 17-18.
31 Id. at 18.
32 Id. at 18-20.
33 Id. at 24-26.
34 Supra note 3.
35 CA rollo, pp. 103-104.
36Rollo, pp. 25-26.
37Pleyto v. Philippine National Police-Criminal Investigation and Detection Group, 563 Phil. 842, 909 (2007).
38Office of the Ombudsman v. Valencia, 664 Phil. 190, 205 (2011); Brucal v. Desierto, 501 Phil. 453, 465 (2005).
39 728 Phil. 210 (2014).
40Rollo, pp. 26-27.
41Ombudsman v. Racho, 656 Phil. 148, 161 (2011).
42 Promulgated on May 27, 1989. See also CSC Resolution No. 06-0231 dated February 1, 2016, which took effect on April 23, 2006.
43Carabeo v. Court of Appeals, 622 Phil. 413, 428 (2009); Carabeo v. Sandiganbayan, 659 Phil. 40, 46 (2011).
44 793 Phil. 453 (2016).
45 Concurring Opinion of Associate Justice Marvic Mario Victor F. Leonen in Abid-Babano v. Executive Secretary, G.R. No. 201176, August 28, 2019.
46 Supra note 44, at 475-476.cralawredlibrary