Lawmakers slam Ombudsman memo on SALN release

Lawmakers on Wednesday slammed the Ombudsman for its new circular imposing stricter guidelines on the issuance of Statements of Assets, Liabilities, and Networth (SALNs), saying the order infringes on the public's right to information. “The Ombudsman has no discretion to deny access to the SALNs submitted to its office. These are public documents," said Bukidon Rep. Teofisto “TG" Guingona III in a statement. Under Republic Act No. 6713 or the Code of Conduct for Public Officials and Employees, the public has the right to know the assets and liabilities of public officials and employees, including those of their spouses and of unmarried children under 18 years of age living in their households, the lawmaker pointed out. Ombudsman Merceditas Gutierrez issued last June 16 Memorandum Circular No. 1, which revised the guidelines for obtaining access to copies of SALNs. At the time, the Philippine Center for Investigative Journalism (PCIJ) was in the thick of its research and examination of the SALNs of President Gloria Macapagal Arroyo for a story about her wealth. Gutierrez’s memo listed the following reasons that her office recognizes as legitimate: • When the requested SALN is needed in school for study purposes; • When the same is disseminated to the general public by news and communication media; and • Upon a court subpoena duly signed by a presiding judge in a pending criminal case or in the case of another quasi-judicial agency. In addition, the memo requires the accomplishment of a form which shall be subscribed and sworn to before any Ombudsman prosecutor. The form has to be filed before the Ombudsman’s Public Assistance Bureau (PAB), which will determine whether the purpose of securing a copy of any SALN is legitimate. Aurora Rep. Juan Edgardo Angara in an interview said there are two legal bases to contradict the memo. He said that apart from RA 6713, the Ombudsman circular also possibly violates the public's right to information embodied in Article III, Section 7 of the 1987 Constitution. The said provision states, "The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law." Bayan Muna Rep. Teodoro Casiño called the Ombudsman circular "ridiculous," saying SALNs are not confidential documents. "How can the SALN be effective if the public cannot access it?" Casiño said in an interview, adding that the Ombudsman--who has the duty to check on public officials--should be "the last person" to issue such an order. In defending the memo, Assistant Ombudsman Jose de Jesus said, “Gusto lang naming ingatan ang naghain (ng SALN) dahil isinubmit nila sa amin, dahil may trust sila na kami ang magtatabi, kaya dapat lang naman na pangalagaan ang confidentiality at integrity ng mga dokumento." (We just want to protect those who submitted the SALN to us, because they trust us, so it is only proper that we protect the confidentiality and integrity of these documents.) De Jesus added that the SALNs could be used for extortion or to malign a government official for personal gain. "We want to know if it’s for public consumption, not for people who want to get them (SALNs) for fishing expeditions," he said. - GMANews.TV