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.
guidelines
public access
transparency

Who may request SALN copies

  • Requests must come from a requester who is not fictitious and who provides sufficient identifying and contact details and circumstances.
  • Requesters must accomplish and swear to the prescribed form, subscribed and sworn before any prosecutor in the Office of the Ombudsman.
  • Requesters must submit the original of at least two government-issued IDs bearing the requester’s picture and signature for processor photocopying.
  • The following are among accepted government-issued IDs: GSIS/SSS ID, TIN/Pag-IBIG/PhilHealth ID, Passport, Driver’s license, PRC ID, IBP ID, and Student ID (if requester is a student).
  • The requesting party must state a legitimate purpose for the request.

Where SALNs are kept and how custody is determined

  • All SALNs filed with the Office of the Ombudsman, including its area and sectoral offices, are made available for inspection and reproduction during reasonable hours of working days and within the view of the custodian officer.
  • All requests for copies of SALNs filed with the Office must be filed with the Public Assistance Bureau (PAB) of the central and area/sectoral offices of the Office of the Ombudsman.
  • The first duty of the PAB processor is to determine whether the requested SALN is in the custody of the Office of the Ombudsman pursuant to Section 1(c), Rule VII, Republic Act No. 6713 and CSC Memorandum Circular No. 20, s. 1994.
  • If the requested SALN is not in the custody of the Office of the Ombudsman, the processor must promptly inform the requester that the SALN is in the custody of another office or agency.

Inspection, copying, and retention period

  • SALNs are accessible for public inspection/reproduction during reasonable hours of working days and within the view of the custodian officer.
  • SALNs are made available for copying or reproduction after ten (10) working days from the time they are filed as required by law.
  • The SALN statement remains available to the public for ten (10) years after receipt of the statement.
  • The SALN may be destroyed after the 10-year period unless needed in an ongoing investigation.

Legitimate purposes accepted; limits and denial grounds

  • The Office accepts as legitimate reasons: (a) need in school for study purposes, (b) dissemination to the general public by news and communication media, or (c) a court subpoena duly signed by a Presiding Judge in a pending criminal case or a request from another quasi-judicial agency personally signed by its authorized officer/representative.
  • Requests are denied outright when the stated purpose is contrary to morals or public policy, or is commercial in nature other than dissemination to the general public through news and communication media.
  • Requests are denied when the requesting party appears to be fictitious.
  • When the purpose is not study purposes or dissemination to the general public by news or communication media, or when the requesting party appears fictitious, the PAB must refer the request to the Office of Legal Affairs (OLA) for final approval or denial.
  • Where deceptive requests threaten the independence and objectivity of the Office, the request is denied, including situations where the request is traced to a litigant, lawyer, or interested party in a case pending before the Office, or where the Office is reasonably certain the request is not made in good faith and is intended to fish for information, influence outcomes, warn officials of adverse consequences, or harass or get back at concerned officials after a decision has just been rendered.
  • Where there are reasons to believe the SALN will be utilized for extortion purposes or will pose danger to the personal safety of the official or employee concerned and/or his or her family, the request is denied and immediately reported to the proper law enforcement agency.
  • The reason for denial must be specified in all cases.

Procedure and timelines for acting on requests

  • Requests for SALN examination, inspection, or reproduction must be acted upon within the period provided for under the Citizens Charter of the Office of the Ombudsman.
  • The name and signature of the processor must be clearly indicated in the request form.
  • The private address of the SALN owner must be blackened where required by the applicable purpose category and privacy protection rule.

Privacy protections and what must be blackened

  • When the purpose stated is for study, the requester must not disclose the name of the owner of the SALN.
  • In all cases, the private address of the owner of the SALN must be blackened in the copy to maintain privacy.
  • The requesting party’s written request accomplished in the prescribed form is treated as part of the public record and is readily made available to the public official or employee concerned.
  • The concerned public official or employee may avail of all legal remedies against the requesting party if the official believes the requester unlawfully encroached on privacy and violated the undertaking.
  • The request form is kept by the custodian officer of the SALN.

Undertakings and required steps after approval

  • After approval of a SALN request, the processor must ensure that the requesting party pays the cost of reproduction of the requested SALN.
  • After approval, the processor must ensure that the requesting party certifies under oath that the requester will abide by the undertaking stated in the prescribed form.
  • After approval, the processor must ensure that the prescribed form is duly subscribed by an authorized administering officer.
  • After approval, the processor must ensure that the private address of the SALN owner is blackened in the copy.

How disproportionality complaints are filed

  • When a requester has reason to believe an official’s or employee’s assets and properties are unreasonably disproportionate to income, the requester must report the matter in writing to the Office of the Ombudsman instead of requesting the person’s SALN.
  • The matter is acted upon by the Field Investigation Office (FIO), which shall request for the official’s or employee’s SALN.

Filing, publication, effectivity, and revocation

  • OMB Memorandum Circular No. 01, S. 2009 is adopted on 16 June 2009.
  • The Circular takes effect after fifteen (15) days following completion of its publication in a newspaper of general circulation and upon filing with the University of the Philippines Law Center of three (3) certified copies.
  • All previous issuances inconsistent with these revised guidelines are revoked and/or modified accordingly.
  • The Circular is governed by and cross-references the rules on custody under Section 1(c), Rule VII, Republic Act No. 6713 and CSC Memorandum Circular No. 20, s. 1994.

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