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Ombudsman seeks to 'protect confidentiality' of SALNs in new rules


Amid growing public scrutiny about the wealth of President Arroyo’s family, the Office of the Ombudsman has issued stricter rules on the release of Statements of Assets, Liabilities and Net worth (SALNs) filed in their office supposedly to “protect the confidentiality" of the public document and the government employees and officials who submitted them. “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) Assistant Ombudsman Jose de Jesus said in an interview Tuesday. Last June 16, Ombudsman Merceditas Gutierrez issued 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 Arroyo for a story about her wealth.

The heading of Gutierrez's memo, her first this year
“We have to (have) some rules so that whenever we give copies of these confidential documents they are assured that it’s for public interest. Media should not be wary," de Jesus said in an interview with GMA News’ Sandra Aguinaldo and GMANews.TV. His statement appears to contradict the provisions of Republic Act 6713, or the Code of Conduct for Public Officials and Employees, on SALNs. The law requires government officials and employees to “accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth and financial and business interests including those of their spouses and of unmarried children under 18 years of age living in their households." Section 8 of the said law says that all statements, including SALNs, shall be available for copying or reproduction after 10 working days from the time they are filed. De Jesus said 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 added. New process 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. “Where the purpose stated is contrary to morals or public policy, or is commercial in nature other than by news and communications media for dissemination to the general public, the request shall be denied outright," the memo said. “Where the purpose of the inspection/reproduction is for study, the name of the owner of the SALN shall not be disclosed by the requester. In all cases, the private address of the owner of the SALN shall be blackened," it further states. If the PAB believes that the requesting party is fictitious, and if the purposes for requesting a copy of the SALN are “questionable," the Ombudsman’s Office of Legal Affairs will decide on the final approval or denial of the request. Public interest over confidentiality rule De Jesus said the stricter orders did not stem from the PCIJ’s report on President Arroyo’s wealth or from the Vera Files’ report on the properties owned in the United States by presidential sons Pampanga Rep. Juan Miguel ‘Mikey’ Arroyo and Camarines Sur Rep. Diosdado ‘Dato’ Arroyo. He said the Ombudsman would willingly furnish copies of the SALNs of any public official or government employee to journalists any time. “Presidente o mababang empleyado ng gobyerno, ang aming pagtingin ay pantay-pantay. Kahit SALN ng janitor ng gobyerno, ganoon din ang aming requirement," (Whether it’s the President or a minor government employee, we will treat all of them in the same manner. Even the SALN of a government janitor, that will be the same requirement) de Jesus said. He also said the agency would prioritize public interest over the documents’ confidentiality. “Kung nakikita namin na ang aming confidentiality rule ay kailangan bumaba sa ngalan ng interes publiko, ang interes publiko ang magpe-prevail. Ibibigay namin ang dokumento," de Jesus said. How did you get rich? After four months of extensive research, the PCIJ released a three-part report on President Arroyo’s wealth last August 10 to 12, which revealed that she got richer faster than her predecessors - former Presidents Corazon Aquino, Fidel Ramos, and Joseph Estrada. The report also showed that her net worth from 1991 to 2008 surged by 2000 per cent. Her net worth grew from P6.73 million in 1992 to P60.07 million in the year 2000. Since she got into Malacañang in 2001, Arroyo added P10.97 million to her net worth year on year on average, or 20 times more than her lawful gross salary as president of only P45,000 a month, the report said.
    Source: PCIJ
    Amid widespread criticism on Mrs. Arroyo’s increase in wealth, Malacañang insisted there was nothing irregular about how the President acquired her money. Last week, Vera Files reported that Mikey Arroyo failed to declare in his 2007 and 2008 SALNs a $1.32 million (P63.7 million) beachfront property in the San Francisco Bay Area in California, which he allegedly bought and then transferred to his wife Angela in 2006.
    Mikey Arroyo's SALNs from 2004 to 2008. Note that his real propery assets ballooned in value after 2004, when he was elected to Congress. Source: Vera Files
    Mikey has denied the allegation, saying the house was not owned by his wife but by a company called Beach Way Park LLC, of which he is a shareholder. He said his involvement with the company is declared in his SALN. - GMANews.TV