Office of the Ombudsman

Constitution framer hits Ombudsman Martires’ refusal to release SALNs

Jairo Bolledo

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Constitution framer hits Ombudsman Martires’ refusal to release SALNs

TAKING A SWIPE. 1987 Constitution framer Christian Monsod chastises Ombudsman Samuel Martires over his decision to constantly prohibit the public from accessing the SALNs of government officials.

Rappler

'It seems that the present Ombudsman has forgotten that in a democracy, the people are the principals, and the government officials are their agents, not the other way around,' Monsod says

Former Commission on Elections (Comelec) chairman and 1987 Constitution framer Christian Monsod did not mince words about the Office of the Ombudsman’s constant refusal to allow public access to Statements of Assets, Liabilities, and Net Worth (SALNs) of government officials and employees.

Monsod asserted that the 1987 Constitution was not written so that the Ombudsman would be the “protector of government officials.”

“It seems that the present Ombudsman has forgotten that in a democracy, the people are the principals, and the government officials are their agents, not the other way around,” Monsod said during a virtual forum organized by the Right to Know Right Now Coalition on Monday, September 13.

Ombudsman Samuel Martires recently drew flak after pushing for jail time of five years for anyone who “makes a comment” on the SALN of a particular person working in government.

“From the Constitutional Commission deliberations, the Ombudsman was never conceived as the protector of government officials from the people who want information about their qualifications, their performance in public office, as well as their business and financial connections, which might jeopardize their public functions,” he added.

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The Office of the Ombudsman, according to the 1987 charter, is a fiscally autonomous body. The Ombudsman, known as “Tanodbayan,” may only be removed from office through impeachment.

“The clear intent is to give full and unimpeded play to the exercise by said Office of its extraordinary range of oversight and investigative authority over the actions of all public officials and employees, offices and agencies,” the Office of the Ombudsman says in its website.

Monsod also reiterated that there are at least three provisions in the 1987 Constitution that support the existence of the SALN law. These include Article 2, Sections 27 and 28, and Article 11, Section 1. 

According to Monsod, these provisions allow the SALN to function as a tool for an accountability system. 

Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees mandates the submission of SALNs by public officials and employees. Under its Section 8(C)(4), “any statement filed under this Act shall be available to the public for a period of ten (10) years after receipt of the statement.”

For public trust

Former Comelec Commissioner Luie Guia also explained that the wisdom behind the requirements of SALN and Statements of Contribution and Expenditures or SOCE comes from the basic nature of public office, which is public trust.

“SALN is such an effective tool in helping reduce opportunities for corruption, that the danger it is said to pose on public officers is outweighed by the benefit it has to having a transparent and accountable government,” Guia said.

Veteran journalist and former Philippine Center for Investigative Journalism executive director Malou Mangahas, meanwhile, said that the low-ranking employees are more transparent with their SALNs than the high-ranking public officials. 

Since 2019, groups and media organizations have been working to access the SALN of President Rodrigo Duterte from 2018 onward. Duterte’s 2017 SALN, the last SALN to be accessed by the public, revealed that the president is not “poor” – contrary to his previous claims that he grew up with a “simple lifestyle.” 

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For years, Duterte-appointee Ombudsman Samuel Martires has been restricting access to the President’s SALN. 

In 2020, Martires issued Memorandum Circular No. 1, which officially restricted media’s access to the Ombudsman’s SALN repository. Former Ombudsman Conchita Carpio-Morales said Martires’ memorandum violated the constitutional principle that “public office is a public trust.” – Rappler.com

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Jairo Bolledo

Jairo Bolledo is a multimedia reporter at Rappler covering justice, police, and crime.