Palace says House resolution on SALN can be unconstitutional
February 4, 2019
A House resolution, which provides conditions before the Statement of Assets, Liabilities, and Networth (SALN) of lawmakers could be made public, may be unconstitutional, Malacanang said on Monday.
While the Palace does not want to interfere with the House of Representatives, Presidential Spokesperson Salvador Panelo said any taxpayer could challenge the constitutionality of House Resolution 2467.
"The taxpayer can do something about it. They can question it if it's in violation of the constitution," he said in a press briefing.
Under the newly-adopted HR 2467, the majority of the members of the House should approve first in the plenary requests for copies of the filed SALNs of the House members, officials and employees.
"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 No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) makes the said document readily available to the public," said Panelo, who is also the chief presidential legal counsel.
He noted that in the case of the executive branch, it has been promoting transparency when Duterte issued Executive Order No. 2 (s. 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.
Contrary to criticisms, House Majority Leader and Capiz Rep.Fredenil Castro has claimed that HR 2467 even made public access to SALN much easier as the parties requesting the document need not ask the court to issue subpoena duces tecum.
But critics have said he resolution makes access to SALNs more restrictive and tedious as the detailed document would only be released if there is consent from the concerned lawmaker. Celerina Monte/DMS
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