Analysts flag gaps in SALN public access directive

By Kenneth Christiane L. Basilio, Reporter

THE OMBUDSMAN’S decision to open public access to government officials’ net worth statements drew cautious reactions over the weekend, with analysts warning the new memorandum remains silent on provisions that could still leave the public in the dark.

Ombudsman Jesus Crispin C. Remulla last week lifted restrictions on access to statements of assets, liabilities and net worth (SALN), reversing a policy that limited its disclosure since the Duterte administration.

“It’s too early to praise the Ombudsman,” FOI Youth Initiative convener Patrick C. Acupan said in a Facebook Messenger chat.

“Before we commend the Ombudsman, we urge the public to remain clear-eyed, critical, and to pay close attention to how these new rules are implemented,” he added.

He said the order lacks clear guidance on where to file SALN requests if the net worth statement is not held by the anti-graft body. “This lack of clarity could confuse requestors and lead to inconsistent access.”

Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, assigns multiple custodians for SALNs across government branches and regions. The Ombudsman is the repository of net worth statements of the President, Vice-President and heads of Constitutional offices.

The Office of the President holds those of the Cabinet, presidential appointees and high-ranking military officials.

Senators and congressmen file their SALNs with their respective chambers, while judges and justices submit theirs to the Office of the Court Administrator and the Supreme Court’s Clerk of Court, respectively.

“For now, Congress and the Judiciary could just follow the lead of the Ombudsman and make the SALNs in their keep accessible to the public as well,” Michael Henry Ll. Yusingco, a senior research fellow at the Ateneo de Manila University Policy Center, said in a Facebook chat.

Speaker Faustino “Bojie” G. Dy III said last week the House of Representatives is reviewing its policy on net worth disclosures, while Senate President Vicente “Tito” C. Sotto III is consulting senators on their preferred approach to releasing SALNs.

Analysts have said designating the Ombudsman as the sole repository of net worth statements could streamline access but warned it may overwhelm the agency with requests and concentrate too much authority in a single office.

“Centralizing all requests with the Ombudsman might seem efficient, but it could also overwhelm the office and create an unintended bottleneck,” Mr. Acupan said. “More importantly, concentrating this function in a single institution gives them too much control.”

He said authorities should consider standardizing procedures for disclosing net worth statements to strengthen the public’s right to information.

“Enacting a law to require the Ombudsman to assume the role of sole keeper is ideal, but not necessary for now,” said Mr. Yusingco.

Instead of letting the anti-graft body handle all net worth disclosures, lawmakers should “seriously consider enacting a law to digitalize the submission of the SALN.”

“Making the Ombudsman the central keeper of the digital depository could be part of new law,” he said.

Mr. Acupan said Mr. Remulla’s memorandum is also mum on requiring officials to declare their business ties.

“This section requires officials to declare business interests, financial connections, and relatives in government, [and] the new memo is silent on this requirement, despite its increasing relevance now,” he said.

Government officials are required to declare their business interests and financial connections for every SALN submission, a Civil Service Commission document uploaded on its website showed.

“With growing overlaps among contractors, elected officials, and high-ranking senior government officials, these disclosures are more vital than ever,” said Mr. Acupan.

The Philippines is facing a widening corruption scandal involving billions of pesos lost to bogus flood control projects, with politicians, government engineers and private contractors under scrutiny.