I beg to disagree with Ombudsman Merceditas Guttierrez that the “independence and objectivity” of the Ombudsman would be “endangered, diminished or destroyed” if they would not impose more restrictions on the public to secure the Statement of Assets, Liabilities and Networth of government officials and employees.
In fact, by making it difficult for taxpayers to get those documents that are important in anti-corruption investigation, the Ombudsman is showing her bias for crooks in the government.
Enshrined in the Constitution’s Bill of Rights is the provision that “The right of the people to information on matters of public concern shall be recognized. 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 the law.”
The filing of the SALN is under Republic Act 6713 which establishes a code of conduct and ethical standards for public officials and employees “to uphold the time-honored principle of public office being a public trust.”
Guttierrez’s June 16 memo revising the guidelines covering access to SALNs filed with the Ombudsman states that the reason of the request for SALN “must be legitimate.”
It states that the reasons they accept as legitimate are a) when the requested SALN is needed in school for study purposes, b) when it is to be disseminated to the general public by news and communication media, or c) upon a court subpoena duly signed by a presiding judge in a pending criminal case, or in a case of another quasi-judicial agency, upon request personally signed by its authorized officer/representative.
What if an ordinary citizen has suspicions that a public official is enriching himself in office and would like to confirm it?
Guttierrez’s memo addresses that saying, “In case the requester has reason to believe that an official or employee’s assets and properties are unreasonably disproportionate to his/her income, instead of requesting for the official or employee’s SALN, the requester may report the matter in writing to the Office of the Ombudsman including the reason for his/her belief. The matter will be acted upon by the Field Investigating Office (FIO) which shall request fro the official of employee’s SALN.”
Given the track record of the Ombudsman of sitting on cases adverse to the Arroyo family and their friends, the provision does not encourage citizens to complain against corrupt officials.
This is another dampener. Even if your request falls under those that the Ombudsman consider “legitimate”, you will be made to accomplish a form “which shall be subscribed and sworn to before any prosecutor in the Office of the Ombudsman.”
There’s also the provision that states: “To protect the right to privacy of the concerned public official or employee whose SALN is being sought,the requesting party’s written request…shall be part of public record, which shall be readily available to the public official or employee who may avail himself of all legal remedies against the requesting party should said official or employee feel that the requesting party has unlawfully encroached on the former’s right to privacy and violated his/her undertaking.”
Guttierrez’s memo diminishes the function of SALN as an anti-corruption tool.
You will not try to hide your assets if they were legally acquired. The problem is when it’s illegally acquired.
That’s why Guttierrez has to restrict access to those documents.
Malapit na lang oras nyo!
Just because the Maldita said it, it’s legal. On the contrary, even the Ombadsmama cannot be above the law. Bakit hindi alam ng mga bobo iyan? In fact, they should not approve any executive order of the criminal at the palace by the murky river. Sa amin iyan, baka bukas nasa kabaong na siya dahil di iyan titigilan ng media, et al pag nagsalita ng mga kabulastugan undeserving of one in her position. Ang lakas ng loob ng ungas. Kabit ba iyan noong matabang mama?
Lawyers of concerned citizens cannot be barred from such important papers relevant and necessary for filing litigations, both civil and criminal, against creeps like Mikey Arroyo. At least, that is the rule of law in Japan. Ewan ko sa Pilipinas kung anong klaseng batas meron sila.
Kawawang bansa! Ang dami kunong batas, mukhang useless naman dahil di naman sinusunod. Pinangyayabang lang noong gustong maboto!!!
Di ba ang Kongreso ang may kapangyarihan para baguhin o amendehan ang isang batas? Ano siya sinusuerte? Maliwanag ang memo ni Malditas ay pabor sa mga mandurugas kagaya ng kanyang among Gloriang Pandak.
an ombudsman’s memo doesnt fall under condition in the constitution. perhaps harry roque can file a petition to have it declared unconstitutional. but with an sc that is mostly populated by gma appointees the likelihood of that is not good.
Kaya meron SALN ay para makita kung sino ang mga korap at mandaraya na public officials tapos ay kokontrolin ni Merceditas ang paglalabas nito sa may gustong makakita. Baligrad ang kanilang mundo sa EK talaga!
What’s the use of SALN filing then?
WHAT?!!! Independence is in form and in substance, right? It’s bad enough that there is no substance given the in-existence of SALN and here you are, the Ombudsman is telling us that they must have this form to show independence?! That’s NO independence! That’s alibi! That’s a hidden wall! That’s for their protection just in case! Could it be that the Ombudsman could be hiding something as well? Ugh! Who knows with this kind of “independence”? Right?! Way too obvious that Merciditas is truly protecting [insert family name here]!
Hayup din itong si Merciful Gutierrez, ie-expose pa yung nag-iimbestiga sa katiwalian ha. Sigurado ako, yung record ng nag-apply para kumuha ng kopya ng SALN, open sa lahat. Pero yung SALN mismo pahirapan.
Pang-sindikato talaga.
Korek ka dyan Tongue-Twisted.
Sa halip na ayusin ang public participation in the fight against corruption, naglalagay pa ng mas maraming obstacles.
Ano ang sabi ng nanay ng Chiong sisters? Criminal-friendly. Tama.
Huwag na kayong mag-alburoto.
Kahit ano’ng gawin, hindi matitinag si Aleng (walang) Mercy sa pagkiling niya sa kanyang klasmeyt at pamilya.
Ngayon nga lamang siya napapuwesto ng maganda at ‘yung ginagawa niya ay pagbabayad utang na loob sa naglagay sa kanya sa Umbagsman.
Haaaay!
Wala talagang pag-asa ang Pilipinas sa kamay ng sindikato ni pidal!