During the plenary debates on the Office of the Ombudsman’s proposed 2024 budget, the topic of Statement of Assets, Liabilities, and Net Worth (SALN) submission took center stage.

Gabriela Rep. Arlene Brosas raised concerns about the presence of confidential funds in the allocation and questioned how the Ombudsman utilizes these funds, especially since the Office is not obligated to conduct regular lifestyle checks or scrutinize SALNs.

Brosas suggested that it might be beneficial for the Ombudsman to check SALNs, to which Manila 6th District Rep. Bienvenido Abante responded by asserting that Ombudsman Samuel Martires believes there is no law requiring the submission of these documents.

“I just want to say, Mr. Speaker, that maybe it would be necessary to do lifestyle checks, disclosure of SALN as a check and balance,” Brosas emphasized, expressing the need for transparency. “So, Mr. Speaker, we would like to know what the Ombudsman thinks of this.”

Abante added, “Now there is no problem, Mr. Speaker, your Honor, if the Ombudsman does a lifestyle check. If there is any authority given by the agency, I will even submit to the lifestyle check. I don’t think there’s any problem with that, Mr. Speaker, your honor.”

However, Ombudsman Samuel Martires has consistently maintained that there is no legal requirement for public officials to submit SALNs for scrutiny.

He has pointed to Section 8(D) of Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees, which prohibits the use of SALNs for “any purpose contrary to morals or public policy” and “any commercial purpose other than by news and communications media for dissemination to the general public.”

While Martires has argued that commenting on SALNs is not allowed under the law, it’s essential to note that the same law, in Section 8 and Section 8(A), also emphasizes that public officials have an obligation to submit their SALNs.

The law states, “Public officials and employees have an obligation to accomplish and submit declarations under oath of, and the public has the right to know, their assets, liabilities, net worth, and financial and business interests, including those of their spouses and unmarried children under eighteen (18) years of age living in their households.”

It further clarifies, “All public officials and employees, except those who serve in an honorary capacity, laborers and casual or temporary workers, shall file under oath their Statement of Assets, Liabilities, and Net Worth and a Disclosure of Business Interests and Financial Connections and those of their spouses and unmarried children under eighteen (18) years of age living in their households.”

Martires has maintained that he is not opposing transparency by restricting the release of SALNs, arguing that transparency doesn’t require revealing one’s entire financial history.

However, his stance has raised eyebrows and led to questions about whether he is attempting to gaslight the public or genuinely misunderstands the law.