(NAR) VOL. 24 NO. 4 / OCTOBER - DECEMBER 2013
I. |
Statement of Policy. All
Statements of Assets and Liabilities and Net Worth (SALNs) filed with
the Bureau of Customs shall be accessible and made available to the
public for inspection and reproduction during reasonable hours of
working days, subject to guidelines herein provided. |
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II. |
Period of Accessibility. The
SALNs shall be available to the public for inspection and reproduction
after ten (10) working days from the time they are filed as required by
law for a period of ten (10) years upon receipt thereof. |
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III. |
Where to file.
A request for a copy of SALN shall be addressed directly to the Customs
Commissioner and filed with the Office of the Deputy Commissioner for
Internal Administration Group. |
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IV. |
Procedure |
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A. |
Except in case of subpoena
issued by a competent authority in a pending case or a request
personally signed by the authorized officer of either a quasi-judicial
agency in a pending case or an investigative body, all SALN request
shall be made by filling up the prescribed SALN Request Form (see Annex
A) in duplicate copies which shall clearly and legibly indicate therein
the following: (1) requesting party’s full name and signature (2)
business or residential address and contact number, and (3) explanation
of the requesting party’s specific purpose and their individual interest
sought to be served. |
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1. |
The requesting party shall present at
least two IDs, one of which is a government issued ID bearing his
picture and signature for photocopying; |
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2. |
In case the purpose is for media
dissemination to the general public, the requesting member of the press
should present, in addition to the government issued ID, his/her
official Press ID with proof of affiliation of accreditation as a
legitimate media practitioner; |
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3. |
If the requesting party is a student,
he/she shall present his or her current student ID along with an
indorsement from proper school authorities; |
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4. |
In case of private entities/organization, the request shall be filed by the responsible officer of the same. |
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B. |
An Undertaking shall likewise
be submitted with averment of the party’s circumstances showing that it
is not fictitious, and a commitment that the request shall only be for
the stated purpose, to be sworn to before any authorized officer of the
Bureau. |
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C. |
All requests for copies of SALN shall be granted, except where: |
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1. |
The request is prompted by sheer idle curiosity; |
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2. |
The identity of the requesting party appears to be fictitious; |
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3. |
The requesting party has a derogatory record of having misused any information previously furnished; |
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4. |
The purpose of the request is contrary to law, morals, or public policy. |
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5. |
The request is for any commercial purpose other than by news and communications media; |
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6. |
There are grounds to believe that the
request is being made with a plainly discernible improper motive (e.g.
harassment) or other analogous circumstances). |
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D. |
The SALN request shall be
assessed by the Head, Human Resource and Management Division, who shall
preliminary determine if the request is not covered by the limitations
and prohibitions provided in RA No. 6713, its implementing rules and
regulations and in accordance with the afore-cited guidelines.
Thereafter, the same shall be recommended for approval/final
determination to the Deputy Commissioner, Internal Administration Group
through the Director, Administration Office. |
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E. |
In exceptional cases the SALN request may be referred for study and appropriate action to the Legal Service. |
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F. |
If warranted, additional documents or information may be required from the requesting party. |
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G. |
The favorable action or
specific ground/s for not granting the request shall be clearly stated
in the appropriate space in the SALN Request Form, one copy of which
shall be returned to the requester. |
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H. |
All SALN requests shall be acted upon within a reasonable period. |
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I. |
The private address of the
concerned public official or employee shall be redacted or blackened to
protect his/her right to privacy as guaranteed by the Constitution. |
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J. |
The requesting party shall
pay the cost of reproduction. The Director, Financial Management Office
(FMO) shall periodically review and recommend the schedule of fees to be
charged. |
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V. |
Public Record. All
requests for access to SALN Form and Undertaking shall form part of the
public record and can be accessed by the concerned official or
employee. |
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In case there is showing of a
violation of the requesting party’s Undertaking in the SALN request or
an encroachment on the public official or employee’s right to privacy
that is attributable to the requesting party, the concerned public
official or employee shall request a copy of requesting party’s SALN
request form for purposes of availing legal remedies. Such
letter-request shall be referred to the Legal Service for appropriate
action. |
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VI. |
Miscellaneous Provision. These
guidelines do not cover request for copies of curriculum vitae, or
other similar profile documents of a public official or employee which
request shall be referred to the concerned individual or appropriate
office as may be provided by law. |
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VII. |
Repealing Clause. All memoranda, orders and other issuances inconsistent herewith are hereby repealed/superseded and/or modified accordingly. |
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VIII. |
Effectivity. This order shall take effect immediately. |
(SGD) ROZZANO RUFINO B. BIAZON
Commissioner