Here it is.
JPE asked Cuevas - what in your opinion would be the injury to be prevented, or prejudice to be avoided warranting the
depositor of a foreign currency deposit to be permitted not to include his foreign currency deposits in his SALN if he is a public
officer or a public employee?
Cuevas – the probability of kidnapping, extortion and so on, especially with the trend of criminality today.
Enrile – was that contemplated by the laws? Related to this first question of mine, will a public officer or employee who maintains
a foreign currency deposit incur the punitive penalty of RA 6426 if he would reflect that deposit in his SALN?
Cuevas- I do not see that probability but it would amount to a vitiated consent
Enrile – you are forgetting that the law allows the exposure of a FCDU by express provision of RA 6426 if the depositor himself
would do it. There’s no secrecy law in this country that prohibits, or inhibits or proscribes the depositor from revealing his own
deposits. What is prohibited is for third parties to reveal it. Therefore they are penalized. But the depositor is not.
Enrile – do you consider that sentence as a mandatory provision that requires to be obeyed by a public officer/employee of the
PH? A public officer or employee, shall, upon assumption of office and as often thereafter as may be provideed by law, submit a
declaration under oath of his assets, liabilities and net worth. Do you consider that command of the people or was it something
that can be disregarded?
Cuevas – I don’t think it must be something disregarded. But there are rights of the depositor that arises from a different law.
Enrile – if this is a sovereign command, will disobedience of this command constitute a culpable violation of the Consitution?
Cuevas – I would not … unless that facts are known to me.
Enrile – I’m sure all of us graduates of UP College of Law went through roman law. What is culpa?
Cuevas – intentional
Enrile – No. There are four kinds of culpa… We’ll go to elementary school book in roman law. What is culpa?
Cuevas – I’m not in a very good position to recall. Maybe I was absent when it was taken.
Enrile – Maybe that’s your bad luck. What is the difference between culpa and dolus?
Cuevas – maybe negligence.
unofficial transcript from raissa robles blog.