MALACAÑANG on Monday, February 4, expressed disapproval of the House of Representatives resolution that imposes strict rules on the disclosure of the statement of assets, liabilities and net worth (SALN) of congressmen.
Presidential Spokesperson Salvador Panelo said that while the executive branch does not meddle in the internal rules and procedures adopted by other government branches, it could not accept the House resolution.
Panelo was referring to House Resolution (HR) 2467, which was adopted by the House of Representatives on January 30 and which requires plenary approval to access a lawmaker’s SALN.
Panelo stressed that restricting public access to the SALN of any public officials, including the House lawmakers, could be considered a violation of the 1987 Constitution.
Section 17, Article 11 of the Constitution mandates a public officer to submit a SALN upon assumption of office and as often thereafter as may be required by law.
He also cited Republic Act 6713, which requires government officials to make all public documents "accessible to, and readily available for inspection by the public."
"We note the passage of a resolution of the House of Representatives requiring plenary approval before it may release a copy of a member's Statement of Assets, Liabilities and Net Worth to the public," he said in a statement.
"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. Republic Act 6713 makes the said document readily available to the public," he added.
Under HR 2467, requests for copies of SALNs of House members, secretariat officers and other employees must be filed before the office of the House of Representatives's secretary general in a prescribed form.
The resolution also mandates the requesting party to pay P300 for every copy of SALN.
The requesting party also needs to provide all information about him, the purpose of the request and interest sought to be served and, if applicable, the justification for access to previous SALNs.
In the case of members of the media, they are required to provide an affidavit of affiliation and certification from the news organization proving that he is a legitimate practitioner, to secure a copy of SALN.
Panelo said the executive wants "transparency and accountability" of public officials, consistent with President Rodrigo Duterte's issuance of Executive Order 2 which allows public access to information within its branch.
"As a policy, the Executive does not intrude into the internal rules and procedures adopted by the two separate but independent branches of the government," the Palace official said.
"[However,] the Executive promoted transparency when the President issued Executive Order No. 2 [signed in] 2016 on the Freedom of Information making effective the people's right to information within its branch. Any stringent measure which burdens the people in obtaining public information may not be consistent with transparency and accountability of public officials," he added. (Ruth Abbey Gita/SunStar Philippines)