FOI advocates flag 'excessive procedural barriers' in SALN memo

The Right to Know Right Now Coalition (R2KRN) on Friday raised concerns about the "excessive procedural barriers" in the memorandum issued by Ombudsman Jesus Crispin Remulla lifting the consent requirement for public access to the Statement of Assets, Liabilities and Net Worth (SALN) of public officials.

In a statement, the group said Remulla’s Memorandum Circular 3 2025 still requires the requesting party to submit a sworn request form, which includes the need to specify justification or purpose.  The group said this is a “prior restraint on the exercise of a constitutional right.”

R2KRN is the biggest network of advocates campaigning for the passage of the Freedom of Information (FOI) bill and the promotion of FOI practice in the country

Likewise, the coalition flagged a provision in the memo requiring the submission by media and requesters of SALN-based reports and outputs.

The group also balked at a provision, saying that a request may be denied on grounds such as “link to a pending case to influence or harass, unauthorized commercial purpose, extortion or threats to safety.”

R2KRN said there was also no timetable defined for action on requests and no appeals process in case of denial.

“We are apprehensive about the apparently excessive procedural barriers imposed by MC 3, s. 2025. Neither the Constitution nor RA 6713 (Code of Conduct and Ethical Standards) requires a justification for access. The public’s right to information is not dependent on motive or purpose,” the coalition said.

“While MC No. 3 is a corrective measure, its implementation mechanisms could be easily used to discourage or delay action on legitimate requests,” it added.

Republic Act 6713 expressly mandates that SALNs must be made available for inspection at reasonable hours and for copying after 10 working days from the time they are filed, subject to prescribed regulations. 

Likewise, Article 11, Section 1 of the 1987 Constitution provides that "public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.” 

Article 11, Section 17 of the Constitution also requires public officers and employees, upon assumption of office and as often thereafter as may be required by law, to submit a declaration under oath of their SALN.

“While the new circular is a significant step toward restoring the public character of SALNs, it risks falling short of full compliance with the constitutional and statutory standards for accessibility under Article 3, Section 7 of the Constitution and Section 8 of RA 6713.  The presumption of openness established by both the Constitution and the law is replaced by restrictive and discretionary procedural filters,” the coalition pointed out.

“These may continue to frustrate legitimate efforts by citizens, journalists, and civil society to obtain information that is rightfully public. It can become a form of administrative surveillance or post-publication scrutiny, which could foist a chilling effect on investigative reporting, academic research, or citizen analysis,” the coalition added.

The coalition, however, recognized Remulla’s move as a step forward to transparency.

“It removes the need for the filer’s consent for release of his or her SALN and reaffirms that SALNs are public documents and shall be accessible for inspection and reproduction,” it said.

“It recognizes the people’s right to know as rooted in the Constitution and RA 6713, as well as allows public access through prescribed procedures,” it added.

Remulla’s SALN memo revoked the Memorandum Circular No. 1, series of 2020, issued by his predecessor, former Ombudsman Samuel Martires, which required the consent of the SALN declarant, among other barriers, for public disclosure.

Under RA 6713, the  Ombudsman is the custodian of the SALNs of the President, Vice President, and officials of the Constitutional Commissions.

The Office of the President, meanwhile, is the repository of the SALNs of the Cabinet members, other presidential appointees, and star-rank officers of the Armed Forces.

Senators and congressmen file their SALNs with the Secretaries of the Senate and House of Representatives, respectively, while Justices file with the Clerk of Court of the Supreme Court, and judges file with the Court Administrator.

The Deputy Ombudsmen for Luzon, Visayas, and Mindanao are custodians for their respective regions of the SALNs of regional and local officials and employees as well as members of the military with ranks below colonel or naval captain.

All other officials and employees file with the Civil Service Commission. —LDF, GMA Integrated News