De Quiros: Every public official should sign a waiver

(UPDATE: read latest lacson update below)

From Conrad de quiros:

That was the first thing I thought of when I read about this business of Mike Arroyo signing a waiver allowing the HypoVereinsbank in Munich to divulge his accounts, if any, to the ethics committee of the House of Representatives. He did this to counter Alan Peter Cayetano’s allegations that he held accounts there and apparently to comply with the lawmaker’s demand for him to sign a waiver to ascertain it. Cayetano is unimpressed by the gesture and says that is not exactly, or entirely, what he is asking for. What he is asking for is a waiver that will free not just this particular bank in Munich but all foreign banks to reveal the First Gentleman’s deposits upon request by Philippine authorities. What he was trying to determine, Cayetano said, was whether there existed “a pattern of corruption and money-laundering by President Gloria Macapagal-Arroyo and members of the First Family.”

I leave others to debate the question of who has scored the more points in this latest round of the ongoing bout between Arroyo and Cayetano. My point is simply this: Why should signing a waiver allowing foreign banks to disclose the deposits of Filipino public officials—and their families—upon request of Philippine authorities be voluntary or optional? Why should it be done out of the goodness of one’s heart? Why shouldn’t it be compulsory or a requisite of public office? Why shouldn’t that be something candidates explicitly or implicitly agree to when they run for any position in this country, from barangay councilor to president?

Frankly, I don’t know why no representative or senator has yet filed that as an urgent bill. Henceforth, every Filipino official, elected or appointed, agrees to have his assets abroad scrutinized without legal impediment from him. Or more to the point, henceforth every Filipino official, elected or appointed, agrees to waive his right to secrecy in bank deposits abroad. That should be written in the oath of office public officials must swear to before they occupy their positions. Which, of course, should apply to the members of their immediate families as well. For obvious reasons: A public official’s loot may not be laundered by his or her spouse or children.

I remember Sen. Lacson having a similar proposal sa platform niya noong 2004.

Philippines is perceived to be one of most corrupt countries
By Vincent T. Lazatin, chairman, Transparency and Accountability Network

DESPITE the anti-corruption platforms of the presidents in the post-Ferdinand Marcos era, the Philippines is still perceived to be one of the most corrupt countries in the world, consistently ranking in the bottom third of all countries surveyed for Transparency International's Corruption Perception Index.

Corruption continues to be a major campaign issue. In their responses to Talk of the Town, all the presidential candidates talk about increasing transparency in government. President Gloria Macapagal-Arroyo, Raul Roco, and Eddie Villanueva add that they will lead by example.

Beyond these motherhood statements, Senator Panfilo Lacson, Fernando Poe, Jr., and Villanueva give specifics.

Lacson says he will require members of his cabinet and heads of agencies to sign a waiver to the bank secrecy law if charges of corruption are brought against them, which is the international standard in anti-money-laundering laws worldwide.

But like his anti-Pork Barrel campaign, it's obviously not very popular among his colleagues in the Senate and the House, that's why i don't see this one getting major support any time soon.

More details here:

issue #12
What measures do you intend to undertake against graft and corruption?

On Day 1, all cabinet members and heads of sensitive government agencies and their families will be asked to sign a waiver exempting them from the coverage of the Bank Secrecy Law should a complaint for corruption be lodged against them at anytime during their term of office.

I shall be the first to sign such a waiver.

Full transparency in government purchases will be observed via e-procurement and monitoring systems involving non-government organizations.

We will come up with a mechanism to tap the private sector and/or community to provide oversight and inspection functions of public works projects, to include technical inspection to determine if proper specifications were complied with for ongoing and finished projects.
We will simplify the system by which persons and corporations transact with government agencies.
The goal is five signatures per agency, maximum.
The goal for swift service: no transaction should take more than seven calendar days, 24 hours should be the gold standard.

UPDATE: Lacson must've read Conrad's article (or my blog), cuz he's reviving his old bill re public officials signing waivers.

February 07, 2007 08:38 PM Wednesday

Lacson revives ‘sleeping bill’
By: Bernadette E. Tamayo

SENATOR Panfilo Lacson would push for the revival of a “sleeping bill” requiring elected and appointed officials to sign a waiver from the bank secrecy law, which they have used to hamper investigations of their alleged ill-gotten wealth.

Lacson said he would re-file his bill as he expressed dismay over the continued refusal of high government officials and relatives accused of corruption to heed calls for accountability.

“Once you enter government service, whether appointed or elected, you should be deemed to have waived your right to the Bank Secrecy Act. That way, we promote transparency in government,” Lacson said.

Lacson lamented that the proposed measure, which he filed as Senate Bill 1599 on Aug. 13, 2001, was never acted upon in the Senate. He re-filed it as Senate Bill 832 on June 30, 2004, but it remained a sleeping bill.

RA 1405, the Secrecy of Bank Deposits Law, passed way back in 1955, allows investigation of accounts only upon written permission of the depositor; in cases of impeachment; upon order of a competent court in cases of bribery or dereliction of duty; and in cases where the money deposited or invested is the subject matter of litigation.

UPDATE: From the tribune:

Lacson seeks relaxation of bank secrecy law

07/02/2007

As he braces for reinvestigation of the Jose Pidal controversy, opposition Sen. Panfilo Lac son is also out to bat for relaxation of the country’s bank secrecy law that will leave no room for excuses on the part of government officials suspected of amassing questionable wealth to withhold any information on their supposed hoard.

Lacson over the weekend said he again will seek approval of his proposal initially filed in the just-concluded 13th Congress, along with several other previously proposed measures that were not acted upon by his colleagues.

In moving to revisit the bank secrecy law, he said he will call for the exclusion of all government employees — from top bureaucrats down to messengers — from the protection that the law affords those suspected of stashing ill-gotten wealth.

The senator added this second look at the law will plug the holes in graft investigations involving people in government posts.

“This bill is basically premised on the principle that a public office is a public trust. I already filed such bill in the 12th and 13th Congresses, but it never got past the first reading. It never even merited committee hearings. But it is a measure worth refiling because once you enter government service, as President or clerk or even a janitor, you should not hide behind the provisions of the Bank Secrecy Act,” Lacson said.

He added fellow senator-elect Antonio Trillanes IV plans to file a similar bill.

Under Lacson’s version of the proposed measure, government officials facing investigation are excluded from the protection of the Bank Secrecy Act to allow probers to look into their bank accounts for any signs of graft.