Model of transparency

Up to now, it is not very clear what legal grounds the Office of the Ombudsman headed by justice Samuel Martires has in unilaterally imposing a ban on the release of a copy of the 2018 statements of assets, liabilities and net worth (SALN) of government officials who are mandated by the country’s laws to submit annually to the anti-graft body. By unknown reasons, the Ombudsman has suspended the release to the media of the 2018 SALNs particularly of both President Duterte and Vice President Leni Robredo.

Except citing that his office is currently revising its policy on public access to SALNs, Martires has refused to allow media to secure copies of these public documents.

But under an existing Memorandum Circular 6 Series of 2012, issued by Martires’ predecessor, retired justice Conchita Carpio-Morales, SALNs filed with the Office of the Ombudsman “shall be made available to the public for inspection and reproduction after 10 working days from the time they are filed.”

Section 8 of Republic Act (RA) 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees also mandates public officials and employees to timely file their SALNs, stating that “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.”

This is not to mention that our country’s 1987 Constitution also guarantees the public’s right to information.

“Access to official records, and to documents and papers pertaining to official acts, transactions or decisions as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law,” Article III, Section 7 of the 1987 Constitution states.

Aside from President Duterte and Vice President Robredo, this directive of the Ombudsman covers also the 2018 SALNs of the respective heads of the constitutional bodies, namely: Sheriff Abas, chairman of the Commission on Elections; Michael Aguinaldo, chairman of the Commission on Audit; Jose Luis Gascon, chairman of the Commission on Human Rights; Alicia dela Rosa-Bala, chairman of the Civil Service Commission as well as that of Martires.’

As provided by the country’s laws, all government officials and employees are required to submit their annual SALNs on or before April 30 of each year. On the day of the deadline, The Philippine STAR officially made a written request to the Office of the Ombudsman for a copy of the 2018 SALNs of the President in compliance.

In the past practice, the requesting party would just have to present a government-issued ID and fill out a form stating the purpose for the requested documents from the Office of the Ombudsman.

Our reporter assigned at the Ombudsman Elizabeth Marcelo diligently followed up and tracked down the whereabouts of her letter/request. Staff members of the Ombudsman’s Central Records Division (CRD), Public Assistance Bureau (PAB) and the Ombudsman Proper all told her that said request remains pending at the office of Martires. They all informed her such request would still have to be personally approved by Martires himself.

But days passed, there was no response from the Ombudsman. Isn’t it there an existing law and reiterated in a directive issued no less by President Duterte that public query or request—whether adverse or favorable—must be replied to within a period of not more than one week?

It was only on May 17 when she finally received an e-mail from the PAB regarding Martires’ directive. Per the new rule of the Ombudsman, an endorsement letter from the news desk stating the purpose for the SALN request would have to be submitted on top of the request form. In compliance of this new rule, she submitted on May 20 my signed endorsement—as head of our news desk—confirming her letter-request. As of yesterday, the request still remains pending.

A staff member from the Office of the Ombudsman said a reply on The STAR’s request would be sent by post. The staff, however, refused to give additional details on whether the request was approved or denied. Later, we found out other media entities trying to secure a copy of President Duterte’s SALN also got the same reply from the Ombudsman. 

“Please note that the processing of your request has been held in abeyance pending the review and revision of the policies and rules of the Office of the Ombudsman regarding the release of SALNs,” the letter dated June 18 signed by Assistant Ombudsman Pilarita Lapitan read.

“In the meantime, may we advise that you direct your request to the Office of the President and the Office of the Vice President,” it added.

The ABS-CBN network was able to secure a copy of Robredo’s SALN from the Office of the Vice President. In their story, the ABS-CBN also cited the Office of the Ombudsman held SALN requests “in abeyance” pending a “review and revision” of its policies on the release of SALNs. 

Martires earlier told reporters there seems to him no law expressly giving authority to the Office of the Ombudsman to release the SALNs of government officials to the public. Martires instead advised members of the media to request the SALNs of government officials from their respective offices – from Malacañang and from the Office of the Vice President.

Malacañang reporters exactly did this but likewise to no avail. Malacañang reporters even invoked President Duterte’s Executive Order No. 2 issued on July 23, 2016: “Operationalizing in the Executive Branch the people’s constitutional right to information and the State policies to full public disclosure and transparency in the public service and providing guidelines therefor.” Its short title is Freedom of Information (FOI).

When the Philippine Center for Investigative Journalism reminded Malacañang on the President’s 2018 SALN, Presidential spokesman Salvador Panelo pointed to the Ombudsman as the proper institution to release it. It’s not too late yet for Malacañang to play the role of transparency.