The strict rules adopted by the House of Representatives on the release of the Statements of Assets, Liabilities and Net Worth of government officials may violate the Constitution, the Palace said Monday.
Presidential Spokesman Salvador Panelo said the Palace does not involve itself in the affairs of Congress, but a House resolution requiring plenary approval for access to the lawmakers’ SALNs might transgress the transparency and accountability of public officers and hinder the right of the public to information.
“Such a procedure may be perceived as a transgression of Article XI of the Constitution requiring any public official to submit a SALN,” Panelo said in a statement.
Panelo made his statement even as House Majority Leader Fredenil Castro claimed Monday that access to the SALNs of lawmakers was actually made “easier” by the new restrictions the chamber adopted.
Castro said requesting parties no longer had to go to court in case their SALN request was denied.
“It’s easier now because if you are denied, you can go to plenary by way of appeal,” he told ANC’s “Early Edition.”
“You can go directly and request in addition to what is automatically published.”
Panelo said Republic Act 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees required that “the said document readily available to the public.”
According to Section 8 of RA 6713, the public has the “right to know” the assets, liabilities, net worth and financial and business interests of public officials and employees, including their spouses and unmarried children under 18 years old.
Panelo, a lawyer, said “any stringent measure,” which burdens the people in obtaining public information, “may not be consistent with transparency and accountability of public officials.”
On Wednesday, the House seemingly tightened the procedures and prescribed stricter rules to obtain the lawmakers’ wealth declarations.
Under the adopted House Resolution 2467, a plenary approval is required for the public to have access to the lawmakers’ SALNs.
The resolution also asks for a P300 fee from any journalists or interested party in order to acquire a copy of the lawmakers’ wealth.
The fee, the resolution maintains, will back the “cost of reproduction and certification, exclusive of mailing cost and other related expenses.”
However, even if the access request has been granted and the fee has been paid, not all details about a certain lawmaker and his SALN will be provided.
According to the resolution, the director of the House records management service shall, in all cases, redact or blacken certain information about the House members, including their address, names of unmarried children, and exact location of real properties because of “privacy and security reasons.”
The resolution also says that the members’ business and financial interests, names of relatives in government and details of government-issued identification cards could also be crossed out.