High Court denies Henares request for justices’ SALNs

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High Court denies Henares request for justices’ SALNs
In her request, the internal revenue chief says the justices' SALNs were for 'tax investigation purposes'

MANILA, Philippines – Claiming “lack of sufficient basis,” the Supreme Court (SC) denied the request of Internal Revenue Commissioner Kim Henares for copies of the Statements of Assets, Liabilities, and Net Worth (SALN) of incumbent High Court justices.

In a request dated February 10, 2014 and received by the Court March 13, Henares asked for copies of SALNs of the justices from 2003 to 2012. Henares said the request was “for tax investigation purposes” and in relation to the “Ma’am Arlene” controversy in the judiciary.

The Supreme Court’s en banc resolution dated June 17, 2014 denied Henares’ request. The High Court has, of late, also been involved in skirmishes with the Executive over the hotly-debated Disbursement Acceleration Program.

“Ma’am Arlene” refers to Arlene Angeles Lerma who had been alleged to specialize in fixing big cases in Manila and other major cities that involve big corporations. Columnist Jarius Bondoc wrote that she “throws birthday bashes for magistrates, gifts their spouses with signature brands, and bankrolls their family junkets to Hong Kong and Macau. All this, in exchange for decisions favoring her litigant-clients. One such client allegedly is a flour smuggler.”

In December 2013, Newsbreak reported on her business interests, as well as her personal and business ties with Manila Vice Mayor Iskho Moreno. Moreno had confirmed that he and Lerma are business associates in two companies but said that he was not aware of Lerma’s alleged transactions in the judiciary. (READ: Ma’am Arlene and her diversified business interests)

A committee was created in October 2013 to investigate big-time fixers in the judiciary. In relation to the probe, SC Chief Justice Maria Lourdes Sereno was said to have discussed with the Ombudsman the conduct of lifestyle checks on members of the judiciary and court personnel.

Denied request

Two months after the creation of the committee, Henares submitted a request for the justices’ SALNs – specifically on December 9, 2013. In that request received on December 19, she merely disclosed that the BIR “may have pending cases with some of the Divisions of the Court of Appeals.” She did not indicate the purpose as being for tax investigation.

Acting on that request, the SC issued a resolution dated January 14, 2014 which said it would “defer action” on her request “until she submits a duly notarized SALN/PDS/CV Request Form.” Along with the SALNS of the justices, Henares also sought copies of their Personal Data Sheet (PDS) or Curriculum Vitae (CV).

Henares resubmitted her 2013 request with a cover letter dated February 10, 2014, addressed to SC Clerk of Court Enriqueta Vidal.

In a statement, SC Spokesman Theodore Te said “the SC has never said they are exempt from the SALN requirement nor that they are creating a new rule for themselves. That members of the media and civil society, including law students, have been able to obtain copies of various SALNs of the Justices is proof enough that the SC Justices are not hiding anything.”

He added that the denial of Henares’ request must be contextualized, “based on the reasons she has given in her request.”

In its request form, the SC says that it shall only grant requests made for the latest copies of the justices’ SALNs, PDs and/or CVs. Requests for copies of previous records “if specifically requested and considered as justified.”

Requests that cover documents filed more than 10 years from the date of request “shall not be entertained.” – Rappler.com

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