Title
Guidelines on Access to SALNs by Ombudsman
Law
Omb Memorandum Circular No. 01, S. 2009
Decision Date
Jun 16, 2009
A Philippine Jurisprudence case highlights the importance of transparency and accountability among public officials by mandating the accessibility of Statements of Assets, Liabilities, and Net Worth (SALNs) to the public, promoting a lifestyle check to prevent corruption, and excluding personal information beyond financial aspects.
A

Q&A (OMB MEMORANDUM CIRCULAR NO. 01, S. 2009)

The legitimate reasons accepted are: a) when the requested SALN is needed in school for study purposes, b) when the SALN is to be disseminated to the general public by news and communication media, or c) upon a court subpoena signed by a Presiding Judge in a pending criminal case or a similar request by a quasi-judicial agency's authorized officer.

All requests for copies of SALNs must be filed with the Public Assistance Bureau (PAB) of the central and area/sectoral offices of the Office of the Ombudsman.

The requester must present the original of at least two government-issued IDs that bear their picture and signature. Accepted IDs include GSIS/SSS ID, TIN/Pag-IBIG/PhilHealth ID, Passport, Driver's License, PRC ID, IBP ID, or Student ID if the requester is a student.

SALNs shall be available for public inspection/reproduction after ten (10) working days from filing and shall remain accessible for ten (10) years after receipt, unless needed in an ongoing investigation.

When the purpose is study, the owner's name shall not be disclosed by the requester. The private address of the SALN owner shall always be blackened in the copy provided to maintain privacy.

Such requests shall be denied outright by the Office of the Ombudsman according to the guidelines.

The Office of Legal Affairs (OLA) may deny requests if the request is not bona fide, appears to be for harassment, extortion, or endangers the independence of the Ombudsman or the safety of the official/employee concerned.

The requester must pay the cost of reproduction, certify under oath that they will abide by the undertaking in the prescribed form, submit the form subscribed by an authorized officer, and the private address of the SALN owner shall be blackened on the reproduced copy.

The requester may file a written report with the Office of the Ombudsman stating reasons for this belief, which will be acted upon by the Field Investigation Office (FIO) that may request the official's SALN for investigation.

The request must be made using a prescribed form which is subscribed and sworn to before any prosecutor in the Ombudsman Office. The written request becomes part of the public record, allowing the concerned official to avail legal remedies if privacy rights are violated.


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