SC affirms rejection of BIR’s request for justices’ SALNs

MANILA, Philippines - The Supreme Court has rejected with finality the bid of the Bureau of Internal Revenue to get copies of the statements of assets, liabilities and net worth (SALNs) of its justices, branding it as a “fishing expedition.”

In a resolution promulgated and issued yesterday, the high court denied the appeal of BIR Commissioner Kim Henares and affirmed its decision last June 17 junking for lack of basis her request for copies of SALNs of the magistrates in the SC, Court of Appeals and Court of Tax Appeals from 2003 to 2012.

Henares expressed alarm over the SC justices’ denial of the BIR appeal to gain access to their SALN, saying such a move sets a bad and dangerous precedent.

She said the move was in defiance of Republic Act No. 6173 or the Code of Conduct and Ethical Standards for Public officials, which requires disclosure of their SALNs.

Henares also pointed to the possibility of government officials invoking the SC ruling in order to evade taxes.

“It is unfortunate that the Supreme Court denied our request for copies of the SALN of the members of the judiciary when the provisions of RA 6713 do not even require any reason or legal basis for the mandatory release of SALNs,” Henares said.

“We are concerned that the Supreme Court has set a precedent that there needs to be a sufficient and legal basis for the release of a SALN and this same reasoning could be invoked by other government officials for refusing to release their SALNs,” the BIR chief pointed out.

The anti-graft laws require the disclosure of the detailed SALNs of public officials within 10 working days after these have been filed within the annual April 30 deadline.

BIR’s request for a copy of the high court magistrates’ SALNs was an offshoot of the impeachment trial against ousted chief justice Renato Corona.

Corona is facing tax evasion charges for his failure to make truthful and honest declaration in his SALN, in violation of the Constitution.