QuestionsQuestions (MEMORANDUM CIRCULAR NO. 1, S. 2018)
The legal basis is Section 8 of Republic Act (RA) No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees).
They file their SALN with the National or Central Office of the Office of the Ombudsman.
They file their SALN with the Civil Service Commission (CSC).
That an administrative issuance cannot rise above its source law (RA 6713), meaning it cannot expand the authority granted by the statute.
Memorandum Circular No. 2, s. 2017 is amended.
Memorandum Circular No. 03, s. 2015.
The President; Vice-President; Chairpersons and Commissioners of the COA, COMELEC, and CSC; and the Ombudsman and his or her Deputies.
Officials and employees of departments, bureaus, agencies (including GOCCs with and without original charters and their subsidiaries, state colleges and universities, and LGUs) whose offices are located in the NCR were included as required to file SALN with the Ombudsman.
Officials and employees of central or main offices of national government agencies and those in the field offices of those agencies stationed in the NCR—i.e., they are excluded from Ombudsman submission.
The Central Records Division of the National or Central Office of the Ombudsman shall no longer receive the SALNs of the affected officials and employees.
Under RA 6713, “all other public officials and employees” file their SALN with the Civil Service Commission.
It collates the SALNs of Ombudsman officials for submission to the CSC, while copies are retained by the Office of the Ombudsman.
It should not be expanded beyond what RA 6713 authorizes; thus, the repository function of the Ombudsman cannot be broadened by an administrative issuance.
Because the amendment specifies that officials in central or main offices of national government agencies and those in field offices stationed in the NCR are among those excluded from Ombudsman SALN submission.
It was adopted on 29 June 2018 and filed on 12 July 2018.