Accessibility and Availability of SALNs
- SALNs filed with the Office of the Ombudsman and its branches are open for public inspection during reasonable working hours under custodian supervision.
- SALNs become available for copying 10 working days after filing.
- They remain accessible for 10 years after receipt unless retained for ongoing investigations.
- SALNs may be destroyed post the retention period if no longer needed.
Request Procedure and Documentation
- Requests must be made using a prescribed form, sworn before a prosecutor in the Office of the Ombudsman.
- Form requires requester details: full name, signature, address, contact information, and purpose of request.
- Requesters are to present two valid government-issued IDs with photographic and signature details.
- The Public Assistance Bureau (PAB) handles all requests and verifies custody of requested SALNs.
Legitimate Purposes and Restrictions on Requests
- Permissible purposes include academic study, journalistic dissemination, or legally mandated disclosure via subpoena.
- Requests for immoral, commercial, or fictitious purposes are denied outright.
- If the intended use is for study, the requester must not disclose the SALN owner’s identity; private addresses must be redacted.
- Other requests undergo final approval from the Office of Legal Affairs, considering the legitimacy and potential misuse.
Grounds for Denial of Requests
- Requests designed to harass, extort, or influence Ombudsman investigations or decisions will be denied.
- Requests linked to ongoing cases where improper motives are apparent may be refused.
- Requests posing a threat to personal safety or used for intimidation are denied and reported to law enforcement.
- Denials must be accompanied by specified reasons communicated to the requester.
Timeliness and Accountability in Processing Requests
- Requests must be acted upon within the timeline stipulated by the Ombudsman’s Citizen’s Charter.
- The processor handling the request must sign and identify themselves on the form.
Alternative Procedures for Suspected Disproportionate Wealth
- Instead of requesting an SALN, complaints regarding disproportionate assets may be submitted in writing.
- These complaints trigger an investigation by the Field Investigation Office, which then requests the SALN internally as needed.
Privacy Protection and Legal Safeguards
- Requests become part of the public record accessible to the SALN owner.
- The public official or employee may seek legal remedies if they believe privacy rights are violated.
- Request forms are retained by the SALN custodian officer as official records.
Conditions Upon Approval of Requests
- Requesters must pay reproduction costs.
- Requesters must certify under oath compliance with privacy and use undertakings.
- The certification must be administered by an authorized official.
- SALN copies provided will have the owner’s private address blackened to protect privacy.
Effectivity and Revocation
- This memorandum circular supersedes inconsistent prior issuances.
- It takes effect 15 days after publication in a newspaper of general circulation and upon filing with the University of the Philippines Law Center.
This comprehensive framework balances transparency in government finance with protections for the privacy and safety of public officials and employees, imposing procedural safeguards to deter abuse while ensuring access on legitimate grounds.