Martires insists on restrictions to SALN access, jail time for those making comments

Ombudsman Samuel Martires has proposed amendments to the Code of Conduct and Ethical Standards for Public Officials and Employees, specifically on the public's access to the government officials' Statement of Assets, Liabilities and Net Worth (SALN).

Martires' proposed amendments to Republic Act No. 6713, specifically on its Section 8, was submitted to Congress this October.

In the copy of the draft bill given to reporters, it was stated that SALN shall be made available for copying or reproduction after ten working days from the time they are filed as required by law; provided, that each official repository shall have exclusive authority in approving any request for copying, reproduction, inspection of or any other form of access to SALN and shall enact reasonable conditions, guidelines, rules and regulations for this purpose.

Martires proposed that the availability and access to SALN shall not be approved if a finding is made by the official repository of the document/s that revealing personal and sensitive information could endanger the individual who filed the SALN or his/her family member.

During the budget deliberation of the Office of the Ombudsman last month, Martires made a remark that "stringent" penalties against individuals making comments about the SALNs of government officials should be enforced.

He specifically said imprisonment of not less than five years should be imposed against these individuals.

The draft bill indicated that the use of SALN by news and communications media "shall be strictly limited to reporting of facts provided in the statement, and no further commentaries could be made thereon."

He proposed that any issues with respect to the SALN, including allegations of willful misrepresentation, perjury, and incongruence of net worth with earning capacity or inability to explain the changes in the SALN shall be first brought to the review and compliance committee of each repository agency.

"No criminal or administrative charges may be brought to the Office of the Ombudsman related to the statements required under this law without an endorsement to this effect by the pertinent review and compliance committee."

Under the proposal, those who will violate the provisions could be penalized with imprisonment not exceeding five years or a fine not exceeding P5,000, or both, and in the discretion of the court of competent jurisdiction, disqualification to hold public office.

Bayan Muna party-list Representative and Deputy Minority Leader Carlos Zarate said they would study the draft bill as they "vow to protect the interest of our people, especially on their right to access to information, right to free expression, etc."

Zarate also believed that penalizing or putting into jail a person who made comments about the SALN of a certain public official is "very harsh."

Martires has been firm that he will not yield to calls from the public to release the SALN of any public official, including that of President Rodrigo Duterte, as he would violate the policy enforced last year.

In September 2020, Memorandum Circular No. 1, was issued restricting public access to SALNs.

Under the said circular, the SALN will be furnished to the requester if:

•     he/she is the declarant or the duly authorized representative of the declarant;
•     the request is upon lawful order of the court in relation to a pending case; and
•     the request is made by the Ombudsman's Field Investigation Office/Bureau/Unit (FIO/FIB/FIU) for the purpose of conducting fact-finding investigation

The President last released his SALN publicly in 2017.—AOL, GMA News