House's stricter SALN rules may violate Constitution — Palace
MANILA, Philippines — A move by the House of Representatives to impose stricter rules for public access to members' Statements of Assets, Liabilities and Net Worth of lawmakers might violate the 1987 Constitution, Malacañang said Monday.
Last week, the House adopted a resolution requiring the majority consent of lawmakers to allow the release of members' wealth declarations.
While saying that the executive does not interfere with the two other co-equal branches of the government, presidential spokesperson Salvador Panelo noted that such rules may be unconstitutional.
"Such a procedure may be perceived as a transgression of Article XI of the Constitution, requiring any public official to submit a SALN, in relation to Article II thereof which guarantees the right of the people to information on matters of public concern," Panelo said in a statement.
Section 17, Article XI of the 1987 Constitution says:
A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.
Malacañang also pointed out that Republuc Act 6713, or the "Code of Conduct and Ethical Standards for Public Officials and Employees", mandates making the SALN readily available to the public.
Section 8 of RA 6713 states that "the public has the right to know" the assets, liabilities, net worth and financial and business interests of public officials and employees, as well as of their spouses and unmarried children under 18 years old.
Under the same House resolution, the director of the House records management service “shall, in all cases, redact or blacken” certain information, including the member’s address, names of unmarried children below 18 years of age living in his household and exact location of real properties.
RELATED: NUJP: Tighter access to House members' SALNs means less transparency
FOI in executive branch
Panelo also noted that in July 2016, President Rodrigo Duterte signed an executive order on freedom of information requiring all government officials under the executive branch to disclose details of their transactions.
This was part of the president's transparency initiative under the executive branch.
"Any stringent measure which burdens the people in obtaining public information may not be consistent with transparency and accountability of public officials," Panelo said.
RELATED: Duterte creates FOI exception policy body | SALNs of Duterte's Cabinet: Details blotted out
Vice President Leni Robredo had also questioned the implementation of stricter rules for public access to SALNs of House members.
"Do they want to say that they are more special than other public servants?" Robredo said in Filipino.
Vice President Leni Robredo questions the implementation of stricter rules for public access to the statements of assets, liabilities and net worth of members of the House of Representatives.
"Gusto bang sabihin mas espesyal sila kaysa sa ibang mga public servants," Robredo says.
Under Resolution No. 2467, requests for copies of SALNs of House members, secretariat officers and other employees are to be filed with the office of the chamber’s secretary general in a prescribed form. The release of a member’s SALN will have to be approved by the House in plenary session.
If a request is approved, the requesting party will be required to pay P300 for every copy. If he wants copies for the nearly 300 House members, he will have to shell out P90,000.
The House of Representatives’ move to restrict public access to the statement of assets, liabilities and net worth (SALN) of lawmakers is a setback to deliver greater transparency in government and potentially violates the Constitution, Sen. Grace Poe said today.
Sen. Grace Poe says in a statement that the House of Representatives' move to restrict access to members' statements of assets, liabilities and net worth is a setback in transparency in government and could be violative of the Constitution.
"One should not fear making public the SALN because that is how we determine the transparency of a particular lawmaker or government official," Poe is quoted as saying in a television interview.
Poe, chair of the Senate committee on public information and mass media and sponsor of the Freedom of Information bill, says House Resolution 2467 "could be a violation of the Constitution" because Article 11, Section 17 states that every government employee and official must disclose their SALNs.
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