Amendment to MC No. 2, S. 2017
The Ombudsman Memorandum Circular No. 01, s. 2018 amends a previous circular regarding the submission of Statements of Assets, Liabilities, and Net Worth (SALNs) by public officials in the Philippines. Under Republic Act No. 6713, SALNs must be filed with the Office of the Ombudsman for constitutional and national elective officials, while other public officials must submit theirs to the Civil Service Commission. This amendment clarifies that officials and employees of national government agencies based in the National Capital Region should not submit their SALNs to the Ombudsman, correcting an earlier inclusion made by Memorandum Circular No. 02, s. 2017. Consequently, the Ombudsman’s office will no longer accept SALNs from these affected officials.
Quick Answers
- What is Amendment to MC No. 2, S. 2017 about?
- The Ombudsman Memorandum Circular No. 01, s. 2018 amends a previous circular regarding the submission of Statements of Assets, Liabilities, and Net Worth (SALNs) by public officials in the Philippines. Under Republic Act No. 6713, SALNs must be filed with the Office of the Ombudsman for constitutional and national elective officials, while other public officials must submit theirs to the Civil Service Commission. This amendment clarifies that officials and employees of national government agencies based in the National Capital Region should not submit their SALNs to the Ombudsman, correcting an earlier inclusion made by Memorandum Circular No. 02, s. 2017. Consequently, the Ombudsman’s office will no longer accept SALNs from these affected officials.
- What type of law is Ombudsman Memorandum Circular No. 01, s. 2018?
- Amendment to MC No. 2, S. 2017 (Ombudsman Memorandum Circular No. 01, s. 2018) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Amendment to MC No. 2, S. 2017 enacted?
- Amendment to MC No. 2, S. 2017 (Ombudsman Memorandum Circular No. 01, s. 2018) was enacted on Jun 29, 2018.
- What is the citation for Amendment to MC No. 2, S. 2017?
- Amendment to MC No. 2, S. 2017, Ombudsman Memorandum Circular No. 01, s. 2018, Jun 29, 2018 (Philippines)
Law Information
- Reference Number
- Ombudsman Memorandum Circular No. 01, s. 2018
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Ombudsman
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 29, 2018
OMBUDSMAN MEMORANDUM CIRCULAR NO. 01, S. 2018
| TO | : | All Heads of Constitutional Bodies; Departments; Bureaus and Agencies of the National Government; Local Government Units; Government-Owned or Controlled Corporations; and State Colleges and Universities |
| SUBJECT | : | Amendment to Memorandum Circular No. 2 (Additional Guidelines on the Submission of Statements of Assets, Liabilities, and Net Worth (SALNs) and Disclosures of Business Interests and Financial Connections to the Office of the Ombudsman as Required under Section 8 of Republic Act No. 6713), Series of 2017 |
Section 8 of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) provides that Constitutional and National Elective Officials shall file the Statement of Assets, Liabilities and Net Worth (SALN) with the National or Central Office of the Office of the Ombudsman.
Section 8 likewise provides that "[a]ll other public officials and employees, defined in Republic Act No. 3019, as amended" shall file the SALN with the Civil Service Commission. Accordingly, the SALNs of officials of the Office of the Ombudsman are collated by its Human Resource Management Division for submission to the Civil Service Commission, with copies thereof retained by this Office.
The Civil Service Commission, as the rule-making authority for carrying out the provisions of Rep. Act No. 6713, has interpreted Sec. 8 through Memorandum Circular No. 03, s. 2015, providing that the Office of the Ombudsman is the repository agency for the SALN of the President; the Vice-President; the Chairpersons and Commissioners of the Commission on Audit, Commission on Elections, and the Civil Service Commission; and the Ombudsman and his or her Deputies.
Through inadvertence, however, Memorandum Circular No. 02, s. 2017, issued by this Office has included "[o]fficials and employees of Departments, bureaus and agencies, including Government-owned and/or controlled Corporations with and without original charter and their subsidiaries, State colleges and universities, and Local Government Units, the offices of which are located in the National Capital Region" as among the officials that shall file the SALN with the National or Central Office of the Office of the Ombudsman.
The inadvertent inclusion of the aforesaid officials who should file their SALNs with this Office is hereby corrected under the principle that an administrative issuance, such as Memorandum Circular No. 02, s. 2017, cannot rise above its source, Republic Act No. 6713, to expand the ambit of its authority as repository of the SALN.
Accordingly, Memorandum Circular No. 02, s. 2017, is hereby amended to exclude the officials and employees of central or main offices of national government agencies and those in the field offices of such agencies who are stationed in the National Capital Region (NCR).
Henceforth, the Central Records Division of the National or Central Office of the Office of the Ombudsman shall no longer receive the SALN of the affected aforementioned officials and employees.
June 29, 2018, Quezon City, Philippines.
(SGD.) CONCHITA CARPIO-MORALESOmbudsman
Cite This Law
Amendment to MC No. 2, S. 2017, Ombudsman Memorandum Circular No. 01, s. 2018, Jun 29, 2018 (Philippines)
Amendment to MC No. 2, S. 2017, Ombudsman Memorandum Circular No. 01, s. 2018 (Phil. 2018)
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