Metro Manila (CNN Philippines, September 10) — Ombudsman Samuel Martires proposed to enforce “stringent penalties” against individuals commenting on the Statements of Assets, Liabilities and Net Worth (SALNs) of government officials.
“I want to reconcile (Republic Act) 6713 with (Republic Act) 3019 on the SALN, provide safety nets so that a SALN can be published, but no person should be allowed to comment on the SALN of a particular government official or employee,” Martires said during the House committee on appropriations’ budget hearing for his office.
“What I’m proposing is to make stringent penalties that anyone who makes a comment on the SALN of a particular government official or employee must likewise be liable for at least an imprisonment of not less than five years,” he added.
R.A. 6713 is the Code of Conduct and Ethical Standards for Public Officials and Employees, while R.A. 3019 is the Anti-Graft and Corrupt Practices Act.
A section of RA 6713 states that it is unlawful for anyone to obtain or use any statement, like SALNs, filed under the law for “any purpose contrary to morals or public policy; or any commercial purpose other than by news and communications media for dissemination to the general public.”
Bayan Muna party-list Representative Carlos Zarate pointed out that the Ombudsman’s proposal is dangerous since those making commentaries are also guaranteed of the freedom of expression under the Constitution.
Martires remained firm, saying he will “not yield to public opinion” to release the SALN of any public official since this will violate Memorandum Circular No. 1, which he issued last year. The circular requires consent from the owner of the SALN for its release.
“I am sorry to say that. I am willing to be removed from office to defend the memorandum circular I issued,” he said.
Malacañang earlier said it is up to the Ombudsman to release the SALN of President Rodrigo Duterte.
The President last released his SALN in 2017. He declared a net worth of ₱28.5 million.
Ombudsman protecting top officials from the public?
CNN Philippines correspondent Xianne Arcangel contributed to this report.
For detained Senator Leila de Lima, Martires’ actions show he wants “to protect public officials from the public, instead of investigating their wrongdoing.”
His proposal to penalize those who would comment on SALNs would mean he has forgotten all Constitutional Law lessons he learned and wrote as a Supreme Court Justice, De Lima added.
During the hearing, Martires also questioned the public’s interest on the SALN of top officials, specifically of Duterte.
De Lima hit back, saying: “Well, because the President is the highest official of the land, and therefore the people are more interested in his honesty and integrity than the rest of officialdom.”
“Under his watch, Martires has undeniably stood the Office of the Ombudsman on its head, lacking the requisite zeal in running after corrupt public officials and even perceived to be protecting instead of investigating them. If it was all left to him, perhaps, I am sure he won’t even investigate and prosecute the suspects in the Pharmally heist, especially if they include his patron Duterte,” the senator added.
“For Ombudsman Martires, his job as Ombudsman is clear: keep the President’s SALN away from the public, as he has already done after denying the request made by my lawyers, and protect the interests of public officials, rather than that of the public,” De Lima said.
