Group mulls legal measures as Ombudsman tightens access to SALNs

A coalition of civil society groups on Wednesday bared plans to explore legal measures against the Office of the Ombudsman’s memorandum circular on the release of Statements of Assets, Liabilities and Net Worth, which the group said violates the constitution and several laws.

The September 1 Memorandum Circular signed by Ombudsman Samuel Martires restricts access to public officials’ SALNs by requiring their consent before the Ombudsman’s office will evaluate a request for them.

"Of course, we think this is a step back in transparency and accountability, especially at a time like now," lawyer Eirene Jhone Aguila, co-convenor of the Right to Know Right Now Coalition, told GMA News.

"We don’t need things to be shrouded in any veil of obscurity or anything that’s opaque. You know that measure is contrary not only to several laws but to the spirit and the letter of the Constitution."

Aguila said the Ombudsman’s memo also violates the Code of Conduct and Ethical Standards for Public Officials and Employees, the Anti Graft and Corrupt Practices Act, and the Ombudsman Act.

“We will do one more request just to ensure that we get the proper denial, given the new requirements. And then we will continue to explore,” Aguila said.

Public officials asked to disclose SALNs

When asked if the memo can be challenged before the Supreme Court, Aguila replied, “I think so. Well, nothing the government does is beyond challenge to begin with. If there’s grave abuse of discretion especially if it concerns acts contrary to the constitution, then the Supreme Court is the proper forum where people can challenge.”

But Aguila is hoping Martires will rethink the memo.

“I’m hoping the Ombudsman rethinks its position but should he decide not to, I’m hoping people will rally behind a move to question it before the Supreme Court,” she said.

Because the coalition believes it would be futile to ask the Office of the Ombudsman for copies of SALNs, Aguila also called on public officials to voluntarily disclose their SALNs to the public.

“If I were to ask, then I’ll go directly to the declarant. No need to go through the Ombudsman’s office. I’m calling on the public officials to voluntarily disclose their unredacted SALN,” Aguila added. — BM, GMA News