Tuesday, May 3, 2016

Bank waivers by candidates; points to consider.



1. A waiver is "revocable". Do not think that it is "irrevocable" or "final".

2. A waiver must specify the identifies and other details of the account/s subject matter thereof.

3. A waiver must specify the scope and limitations of the powers/purposes thereof.

4. All joint/several owners of the specific account/s must sign the waiver.

5. A waiver must specify the powers granted to the representative/s named and authorized therein, if any.

6. A candidate may hide his wealth in shell corporations/partnerships.

7. A waiver by a corporation/partnership takes the form of a board/partners' resolution, certified under oath by the corp. sec.

8. As an act of good faith, the issuer of the waiver must furnish the following agencies:

* Ombudsman, 
* Comelec, 
* Bangko Sentral ng Pilipinas, 
* Anti Money laundering Council.

9. A waiver is always subject to the in-house policies and procedures of the banks.

10. A waiver will be more effective, as an act of good faith of the issuer thereof, if it is supported by a separate "special power of attorney" executed by the issuer of the waiver

(a) identifying the attorney-in-fact/representative of the issuer of the waiver and

(b) specifying the powers of such attorney-in-fact/representative

* with respect to his authorized transactions with the bank/s and 
* with respect to the duties and tasks required by the issuer from his bank/s.

11. A document that purports to be a "waiver" but does not contain the foregoing fundamental legal statements/details/powers/contents should be treated merely as a "political manifesto/declaration."

12. The govt SALN form contains a fine print empowering the Ombudsman to examine the bank accounts of public officers/employees. The statement is generic. It seems the Ombudsman does not take pro-active examinations of bank accounts on the basis thereof unless a formal complaint is first filed with the said Office.

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