SALN STILL RESTRICTED | Supreme Court affirms Ombudsman’s restrictions on release of SALN

July 1, 2021 , 05:07 PM

By Beatrice Puente

(July 1, 2021) – The Supreme Court has affirmed a decision made by the anti-corruption agency to restrict access to a government official’s statements of assets, liabilities, and net worth (SALN) after an ordinary citizen attempted to obtain access to the vice president’s wealth records.

It was the first known legal challenge to the Office of the Ombudsman’s rule restricting public access to government officials’ wealth declaration for fears that it might be used against an official.

In an en banc resolution issued in February but only made public on Wednesday, the high court has junked the certiorari petition questioning the Ombudsman’s rule limiting people’s access to public officials’ SALN.

“While the right of access and information to a public official’s SALN is provided under the Constitution and RA 6713, the same is not an absolute vested right,” the Supreme Court said.

“The power to regulate the access by the public to these documents stems from the inherent power of the custodian to control its very office to the end that damage to, or loss of, the records may be avoided; … and that the right of other persons entitled to make inspection may be insured.”

Louis Biraogo, the petitioner, ran to the country’s top court last December to challenge the legality of Ombudsman Samuel Martires’ directive signed last year. In a memorandum, he said copies of SALN can only be provided to people who had sought prior approval from the official who filed the document.

Martires issued this order in order to block attempts “to malign” public officials by “weaponizing” the document to file political charges. But critics pointed out this could trample on people’s right to information and conceal corrupt practices among some government officials.

Biragao wanted to obtain a copy of Vice President Leonor Robredo’s SALN from the Office of the Ombudsman to look into her alleged use of a Quezon City mansion paid for by people’s taxes. He asked for a judicial review of the tight rule, which he said was against public officials’ code of conduct.

But the Supreme Court argued the petitioner failed to present an actual controversy that the court can rule on.

“Petitioner has miserably failed to demonstrate any actual act committed by respondent which resulted to a direct and concrete injury or adverse effect against him. It bears emphasis that the alleged verbal refusal of petitioner’s request is but a bare, self-serving, and unsubstantiated allegation,” the court added.

Biragao also violated the hierarchy of courts, according to the decision, saying his “cursory invocation of transcendental importance cannot cure this defect.” It said the petition should involve questions of law instead of debatable facts, which lie outside the court’s jurisdiction.

The high court also said resorting to a petition for mandamus was incorrect because releasing SALNs, on the part of the Ombudsman, was not a mere ministerial function. The court, for its part, also has its own rules before releasing the wealth declaration documents of justices.

“It has likewise, on occasions, denied requests due to a ‘plainly discernible’ improper motive’ or one that ‘smacked of a fishing expedition,'” the court said.

(MM)

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