SC: Truth body unconstitutional

MANILA, Philippines – Chief Justice Renato Corona and nine other Supreme Court (SC) justices voted yesterday to void the Truth Commission created to investigate alleged anomalies in the nine-year administration of former President Gloria Macapagal-Arroyo.

Voting 10-5, the SC ruled that Executive Order 1 was unconstitutional for violating the equal protection clause in singling out reports of graft and corruption in the Arroyo administration.

However, lawyer Ma. Victoria Gleoresty Guerra, acting SC public information chief, said the ruling is not yet final since respondents still have 15 days from receipt of notice to file an appeal under the Rules of Court.

The SC could reverse the decision depending on arguments in the motion for reconsideration, she added.

Guerra said once the ruling becomes final, the Truth Commission chaired by former ambassador Hilario Davide Jr. should be dissolved.

“Whether the Court rules for or against Mrs. Arroyo, the fact remains that all of them – except Justice (Lourdes) Sereno – were appointed by her,” she said.

“But as you can see in this decision, four of those who dissented were also appointees of the former president.

“This means justices resolved the case based on what they feel was right and based solely on the law.”

House Minority Leader Edcel Lagman and businessman Louis Biraogo filed separate petitions questioning the constitutionality of EO 1.

Joining Lagman in his petition were Representatives Rodolfo Albano Jr. of Isabela, Simeon Datumanong of Maguindanao, and Orlando Fua Jr. of Siquijor through lawyer Johween Atienza.

In his petition filed last Aug. 12, Lagman said EO 1 violates the separation of powers of the executive and legislative branches of government.

“EO 1 arrogates the power of Congress to create government or public offices, agencies and commissions, thereby breaching the constitutionally ordained separation of powers,” read the petition.

Petitioners said the Truth Commission has quasi-judicial powers, which requires a law and could not be given by a mere executive order.

Under Administrative Code of 1987, the Office of the President only has the power to reorganize its administrative structure, not to create new bodies, petitioners added.

Petitioners said the Truth Commission duplicates, if not supercedes, the constitutionally mandated powers of the Office of the Ombudsman and the statutorily vested powers of the Department of Justice (DOJ).

“(The Truth Commission) is an adventure in partisan hostility, a launching pad for trial/conviction by publicity and a mere populist propaganda to mistakenly impress the people that widespread poverty will altogether vanish if corruption is eliminated without even addressing the other major causes of poverty,” read the petition.

“Prosecutorial and judicial bodies are in place to take cognizance and jurisdiction over graft and corruption complaints without inventing a Truth Commission… whose findings are only recommendatory and could be rejected by the Ombudsman and DOJ.”

Voting with Corona were Associate Justices Presbitero Velasco Jr., Teresita Leonardo-de Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Martin Villarama Jr., Jose Perez and Jose Mendoza, who penned the ruling.

All 10 were appointees of Arroyo.

Senior Associate Justice Antonio Carpio dissented in the decision. Joining him were Associate Justices Conchita Carpio-Morales, Antonio Eduardo Nachura and Roberto Abad.

Justice Ma. Lourdes Sereno, President Aquino’s lone appointee, voted with the minority –Edu Punay (The Philippine Star) U