THE ongoing debate on the need to scrutinize "questionable" bank deposits – whether local or foreign currency – of government personnel would have been prevented had the Senate passed a law requiring all public servants to sign a waiver authorizing the Ombudsman to open their accounts if these are subject of an investigation.

Sen.Francis Escudero stressed this point yesterday as the Senate, sitting as impeachment court, is set to hold a caucus today to determine whether it must follow the temporary restraining order issued by the Supreme Court granting the request of impeached Chief Justice Renato Corona not to allow the impeachment court to obtain his dollar account documents.

It was the House prosecution panel who asked the impeachment court to subpoena the bank officials of the Philippine Savings Bank (PSBank) to testify on Corona's alleged $700,000 deposit with their bank. The prosecutors claimed that Corona failed to indicate this amount in his statement of assets, liabilities and net worth (SALN). Pascual Garcia III, however, refused to surrender Corona's dollar bank papers for fear that he might violate the Foreign Currency Deposit Act.

Escudero filed in 2010 Senate Bill No. 107 authorizing the Ombudsman to look into '"all deposits" to ensure accountability and transparency of officials and employees already in government and those who plan to join government service.

SBN 107 proposes that all public officials and employees, except those who serve in honorary capacity, "shall consent to opening their financial assets to government audit through a written waiver submitted to the Office of the Ombudsman," Escudero said.

“Our law on bank secrecy prohibits disclosure of information relating to a customer’s bank account, unless under extreme circumstances as what the current impeachment proceeding has shown. But foreign currency deposit is an elusive and tricky matter, which is now a hotly contested issue transcending institutions,” Escudero said.

He raised the need to enact SBN 107 to ensure that civil servants do not use their positions to enrich themselves while in office.         “Any public official who fails to submit themselves to such shall not be allowed to enter upon or continue exercising the functions of his office,” he added. “Consent is tantamount to good faith effort and compliance,” Escudero said.

For the protection of the civil servant, however, the bill states that only the Office of the Ombudsman may obtain or use the written permission or any other information gathered from it, the senator said.

“It shall be for the exclusive use of the Sandiganbayan, which is investigating a duly signed and verified complaint. It cannot be used for fishing expedition and witch-hunting,” Escudero stressed.

Any person found violating the provisions would be punished with a fine not exceeding the equivalent of one year salary or suspension not exceeding one year, or removal from office or disqualification to hold public office.

“We want to put in place a mechanism that promotes openness and transparency in the public sector. The signing of a waiver in favor of the government will allow the examination of the civil servant’s bank accounts and investments in government bonds,” Escudero said.

"And those who would refuse to sign, they are free to go to the private sector because working in the government is a privilege and not a right,” he added.