‘Di lahat pagbibigyan! SC: Ombudsman has right to deny requests for SALN access

The Supreme Court (SC) has declared as constitutional the circular issued by Ombudsman Samuel Martires which limited the public’s access to the statements of assets, liabilities and net worth (SALNs) of government officials.

“Here, while the right of access and information to a public official’s SALN is provided under the Constitution and RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees), the same is not an absolute right,” read the resolution that the SC publicly released on June 30.

“The Court has declared in the past that while no prohibition could stand against access to official records such as the SALN, the same is undoubtedly subject to regulation,” it added.

With this, the SC dismissed the petition for preliminary injunction of activist Louis Biraogo who sought to declare as unconstitutional the ombudsman’s 2020 memorandum circular as being unconstitutional.

Biraogo filed the petition after Martires turned down his request for copies of the SALNs of Vice President Leni Robredo in September 2020.

The SC explained that “a custodian such as the Office of the Ombudsman is not bound under every circumstance to allow or to grant the request of disclosure of a public official’s SALN to the public.”

“A custodian is not prohibited by the Constitution to regulate such disclosure,” the tribunal said.

“Its duty therefore, under the Constitution and applicable laws, is far from being ministerial,” it added.

The SC reminded that the tribunal is also a “custodian of the SALNs of justices and judges” and has “laid down some guidelines to be observed for requests made to gain access to these SALNs.”

“It has likewise, on occasions, denied requests due to ‘’plainly discernible’ improper motive’ or one that ‘smak[ed] of a fishing expedition,” the high court cited.

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Source: Latest Politics News Today (Politics.com.ph)