PAGBABAGO
Ombudsman Samuel Martires and retired Ombudsman Conchitina Carpio Morales have something in common. Both were former Associate Justices of the Supreme Court. But the similarity stops there. Carpio Morales was a graduate of the University of the Philippines’ College of Law while Martires finished law at San Beda College.
Martires wants to add more restrictions on who can acquire copies of documents on the Statements of Assets and Liabilities (SALNs) of public officials and proposes a jail term of five years for anyone one who make commentaries on them. Media representatives are now required to present a notarized letter from the public official whose SALN they intend to use. The memorandum he issued cites the Code of Conduct for Public Officials (R.A. No. 6713) which he wants amended. He announced that he will stop conducting lifestyle checks on public officials saying that having a luxurious lifestyle does not prove that an official is corrupt, and that the SALNs and lifestyle checks are used by media and political rivals to “extort” government officials. He went as far as suggesting that the Office of the Ombudsman should be abolished, citing the lack of witnesses, and their refusal to testify, or the affidavits make investigations more difficult.
Carpio-Morales, on the other hand, argued that this would open the floodgates to the commission of more corrupt activities Martires’ memorandum violated the constitutional principle stating that “public office is a public trust.” Ombudsman Martires drew further criticism from a framer of the Constitution, Christian Monsod, Rep. Carlos Zarate, and a former Comelec commissioner Luie Guia.
Monsod expressed the intent of the Constitutional Commission when it created the Office of the Ombudsman — “that the latter was never concerned as the protector of government officials not the other way around, that in a democracy, the people are the principals, and the government, their agents.” Bayan Muna Rep. Carlos Zarate thought it is dangerous to penalize citizens when they raise questions on the SALNs as this is guaranteed by the constitutional provision on freedom of expression.
That the SALN is an effective tool in helping reduce opportunities for corruption and that its danger is outweighed by the benefit which is the promotion of a transparent and accountable government, is the reason behind why we must not allow amendments that would dilute the effectiveness of the Code of Conduct.
In fact, there has been a growing trend toward asset disclosure in many countries of the world, and especially in countries having a higher percentage of corruption in public administration. Two World Bank surveys of 147 countries and another of 137 countries that had received World Bank financial assistance showed that 70 percent in the first, and 78 percent in the second survey required asset and income disclosure and that about 30 percent, and 45 percent in the second survey showed that the disclosure of assets included the provision of open access by the public to the information. Among those which mandate asset disclosure and publication of findings are some countries in Africa, Easter Europe, Latin America and the Asia-Pacific.
Especially, during these crisis times, we need more stringent policies on the conduct of public officials. Amending the Code of Conduct, favoring public officials over the ordinary citizens, and limiting free speech is certainly going against the needs of the times. Practices that contribute to corruption such as a massive increase in the amount of resources allocated to healthcare and combating COVID-19 had created opportunities for corruption such as what had happened in the Departments of Health and Budget.
The usual corruption prevention procedures are usually suspended during this emergency period. Thus, we should not be surprised if the next report on global corruption would show this negative trend. Which is why offices such as the Commission on Audit and the Office of the Ombudsman are called upon to lead in promoting transparency and accountability.
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