Monday, May 2, 2011

Bill against ‘dummies’ filed in Senate

 
By Christian V. Esguerra
Philippine Daily Inquirer

MANILA, Philippines—With the Senate investigation into alleged military corruption all but wrapped up, Senator Jose “Jinggoy” Estrada has filed a bill to prevent public officials from amassing ill-gotten wealth and hiding it through “dummies.”

Estrada wants to amend RA 6713—the Code of Conduct and Ethical Standards for Public Officials and Employees—to include the penalty of dismissal for an official “who places any of his or her assets in the name of a dummy.”

To further discourage the illegal practice, Senate Bill No. 2412 prescribes that such a public official be "stopped from claiming any interest and asserting any right of ownership over such asset.”

“Such asset shall be forfeited in favor of the dummy who shall be recognized by law as the actual and real owner of the property,” according to the bill.
“In complying with this constitutional provision under the enabling law Republic Act No. 6713, many public officials complacently submit statements of assets, liabilities and net worth which do not reflect their actual wealth or lifestyle,” Estrada said in the bill’s explanatory note. “Oftentimes this act is intended to hide ill-gotten wealth. The common practice is to place an asset in the name of a dummy, who is usually a close relative of the public official.”

Estrada was at the forefront of the Senate inquiry into alleged military corruption involving retired comptrollers Jacinto Ligot and Carlos Garcia and other top officials.

In the hearings, Ligot’s brother-in-law, Edgardo Yambao, appeared to have been used as a “dummy” who allegedly accumulated at least P300 million in five years, despite having no clear income. Yambao denied the allegation.

Senator Franklin Drilon, who presented documents showing Yambao’s wealth, described him as a “mysterious person.” A deed of sale showed Ligot’s wife Erlinda selling a Taguig City condominium to her brother for P25 million.

Another penalty proposed in Estrada’s bill is the disqualification of a public official from acquiring properties from relatives. The ban will cover relatives within the 10th civil degree of consanguinity or affinity. It will continue in effect within 20 years after the official has left his government post.

“Property acquired in violation of this section shall not vest ownership upon the public official and all his subsequent transactions and dealings on the said property shall be void ab initio (from the beginning),” according to the bill.

“The relative from whom the property comes shall retain all rights of ownership with respect to the property.”

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