Request Saln

RE: REQUEST FOR COPY OF 2008 STATEMENT OF ASSETS, LIABILITIES AND NETWORTH [SALN] AND PERSONAL DATA SHEET ORCURRICULUM VITAE OF THE JUSTICE S OF THE SUPRE ME COURT AND OFFICERS AND EMPLOYEES OF THE JUDICIARY. A. M. No. 09-8-6-SC, June 13, 2012

Facts: 





The Court received 2 letters from Rowena C. Paraan and Karol M. Ilagan requesting for copies of the Statement of Assets, Liabilities and Networth (SALN) and the Personal Data Sheet (PDS) or the Curriculum Vitae (CV) of its Justices for the year 2008 for the purpose of updating their database of information on government of officials. Special committee created by the (SC) to review the request. SC issued a Memorandum Memorandum recommending the creation of a Committee on Public Disclosure to take over the functions of the Office of the Court Administrator (OCA) with respect to requests for copies of SALN and other personal documents of members of the Judiciary. Meanwhile, several requests for copies of the SALN and other personal documents of the Justices of the Court, the Court of Appeals (CA) and the Sandiganbayan (SB) were led.

Issue: 

Can the SALN of justices be accessed via the right to information? - YES

Ruling: 









The right to information is not absolute. It is further subject to such limitations as may be provided by law; National security matters and intelligence information o Trade secrets and banking transactions o Criminal matters o Other confidential information such as confidential or classified information officially known to o public officers and employees by reason of their office and not made available to the public as well as diplomatic correspondence Closed door Cabinet meetings and executive sessions of either house of Congress o Internal deliberations of the Supreme Court o In the landmark case of Valmonte v. Belmonte, Jr., elucidated that the right to information goes hand-inhand with the constitutional policies of full public disclosure and honesty in the public service. It is meant to enhance the widening role of the citizenry in governmental decision-making as well as in checking abuse in government. In the case at bar, the Court notes the valid concerns of the other magistrates regarding the possible illicit motives of some individuals in their requests for access to such personal information and their publication. However, custodians of public documents must not concern themselves with the motives, reasons and objects of the persons seeking access to the records. The moral or material injury which their misuse might inflict on others is the requestor’s responsibility and lookout. While public of officers in the custody or control of public records have the discretion to regulate the manner in which records may be inspected, examined or copied by interested persons, such discretion does not carry with it the authority t o prohibit access, inspection, examination, or copying of the records. The request of SALNS, PD and CV of the Justices of the court and other magistrates subject to limitations in RA 6713 (1) Any and all statements filed under this Act, shall be made available for inspection at o reasonable hours. (2) Such statements shall be made available for copying or reproduction after ten (10) o working days from the time they are filed as required by law. (3) Any person requesting a copy of a statement shall be required to pay a reasonable o fee to cover the cost of reproduction and mailing of such statement, as well as the cost of certification. (4) Any statement filed under this Act shall be available to the public for a period of ten o (10) years after receipt of the statement. After such period, the statement may be destroyed unless needed in an ongoing investigation. (D) Prohibited acts. - It shall be unlawful for any person to obtain or use any statement o filed under this Act for: (a) any purpose contrary to morals or public policy; or (b) any commercial purpose other than by news and communications media for dissemination to the general public.  