Ombudsman now ‘open’ to revising rules restricting access to SALNs
MANILA, Philippines — The Office of the Ombudsman told the House of Representatives on Friday that it is now amenable to revising its rules restricting public access to wealth declarations of government officials in its custody.
Speaking on behalf of the Ombudsman during deliberations on its proposed budget for 2022, Rep. Romeo Jalosjos Jr. (Zamboanga del Norte) said the office is “open for the revision” of Memorandum Circular No. 1, which limited public access to Statements of Assets, Liabilities and Net Worth.
Jalosjos, as sponsor of the Ombudsman’s P3.97-million 2022 budget, was answering questions from fellow lawmakers with the assistance of the graft buster’s officials.
This was a softening of the stance of Ombudsman Samuel Martires, who just two weeks ago vowed to stand by his controversial rule on SALNs “even if [he is] removed from office.”
But this new commitment to revise the rules came only after Rep. France Castro (ACT Teachers party-list) pressed the Ombudsman about the restrictions on SALNs, calling it a bastardization of the law governing the conduct of public officials.
“The memo circular, Mr. Speaker, bastardized the words of the law and reversed the meaning of some parts,” Castro said.
In response, Jalosjos repeatedly echoed Martires’ reasoning for restricting SALNs, saying the restrictions put in place safeguard public officials from “abuses” like “extortion or other criminal activities.”
Under Memorandum Circular No. 1, citizens asking for copies of an official’s SALN will need authorization from the official before making a request.
“Sino namang opisyal ang voluntaring magbubukas ng kanyang SALN sa taong nagiimbestiga sa kanya for possible graft and corruption, ‘di ba? Effectively, nagkakaroon ng pagtatago sa SALN,” Castro said.
(What official would voluntarily open their SALN to a person investigating them for possible graft and corruption, right? Effectively, SALNs are being hidden.)
Since the implementation of Memorandum Circular No. 1, the Ombudsman and Malacañang have tossed back and forth people seeking President Rodrigo Duterte’s SALNs, which have not been disclosed to the public since 2018.
The Philippine Center for Investigative Journalism said the non-release of Duterte’s wealth declaration form for 2018 marked the first time in 30 years that a Philippine president has not made their SALN public.
Last July, the Supreme Court junked on procedural grounds the first known petition assailing the Ombudsman’s rule restricting access to SALNs.
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