The Office of the Ombudsman assured lawmakers on Tuesday (Sept.22)   that it will submit its proposed amendments to the 1989 law that mandates all government officials and employees, regardless of their salary grades to use a uniform SALN form.

Ombudsman Samuel Martires said that his office has observed that the Statements of Assets, Liabilities, and Net Worth (SALN) is apparently being used as a “weapon” against government officials by their critics and detractors.

He cited the need for Congress to take a second look at the “vague” provisions of Republic Act No. 6713, also known as the Code of Conduct and Ethical Standards for Public Officials  and Employees.

"Marami po tayong dapat pag-usapan sa Republic Act 6173, tingnan po natin. Ibibigay ko po sa inyo bago matapos ang taon ang ating recommendations kung ano ang dapat amyendahan sa RA 6173,” he told the House Committee on Appropriations during its deliberation on the Office of the Ombudsman’s budget for 2021.

(We have so many things to discuss with regards to Republic Act 6173, let's see. I will give you before the year ends our recommendations, on which provisions of RA 6173 should be amended.)

Martires said there is a need to “restudy" the SALN form, which is always being used as a “weapon” against public servants. 
 
"May problema sa form ng SALN natin , malaki ang problema. Nakalagay dun, market value, ano ba ito ide-depreciate natin? Ang lupa ang hindi ho nagde-depreciate sa real property, pero ang bahay nagde-depreciate. Do you we have a column for depreciation? We don’t have (one), so we have to restudy this form of the SALN na syang ginagamit palagi na armas ng mga kalaban sa politiko o mga galit sa isang kawani ng gobyerno para ikaw ay makasuhan. Pero ang pinagmulan ng kasalanan na ito  ay ang malabong batas, ang malabong sistema ng form ng SALN,” he said.

“We have (a) problem with our SALN form, a very big problem. The market value is indicated, are we going to depreciate it? The land, it’s a real property that does not appreciate, but the house does depreciate. Do we have a column for depreciation,?  We don’t have so we have to restudy this form of the SALN which is being used as weapon by the political enemies or those who have grudges against a government official so that you will be charged. The vague law and vague system, form of SALN is to be blamed for this.)

He made the observations after ACT Teachers partylist Rep. France Castro expressed concern over the Martires’ Sept. 1 issuance of Memorandum Circular No. 1, which according to her, restricts public access to SALN of public officials. 

“SALN is (a) very crucial document to know kung mayroong possible graft and corruption ang opisyal or employees (if a government official or employee is involved in possible graft and corruption),” Castro said. 

Martires said the memorandum circular only pertains to requested SALNs which are on file or in their actual possession, but not to SALNs kept by Congress, Civil Service Commission (CSC) and the Office of the President. 

“Bakit po hinigpitan namin? Sa experiencia ng Ombdusman, naging ‘weaponized’ po ang SALN. Ginagamit po ito na means para siraan ang isang tao, o siraan ang isang kalaban sa pulitika,” he said.

(Why did we restrict it? According to the experience of the Ombudsman, SALN has been weaponized. It is being used as means to damage the reputation of a person, or besmirch a political rival.)

"Heto lang pinagtataka ko, bakit pinag-iinitan ang SALN, saan ba gagamitin itong SALN kung hindi para siraan ang isang kawani o ilang opisyal ng pamahalaan,” he pointed out.

(I kept wondering, why put pressure on the release of SALN,  where are they going to use the SALN but to bemirsch a government employee or few officials of the government.)

The Ombudsman’s circular lays down three conditions before the release of SALNs: if he or she is the declarant or the duly authorized representatives of the declarant; the request is upon lawful order of the court in relation to a pending case, and if the request is made through the Office of the Ombudsman’s Field Investigation Office for the purpose of a fact-finding probe.

During the deliberations, Martires apprised the panel that when he assumed as head of the anti-graft body, he halted the conduct of lifestyle check among public officials, citing that he has qualms on the vague provisions of RA 6713. 

“Naabutan lang kami ng pandemic na ito (If not for the pandemic) but I was about to propose to Congress to amend RA 6713 because there are really provisions there na kung hindi malabo (which are not just vague), parang walang hulog sa logic (but also seems like illogical),” he said.