• Office of Minority Leader Edcel C. Lagman
• 0916-6406737 / 0918-9120137
• Official Website: http://www.edcellagman.com.ph
• 07 December 2010

LAGMAN HAILS HIGH COURT

AS BASTION OF RULE OF LAW

          The decision of the Supreme Court which declared unconstitutional the creation of the Truth Commission is a signal triumph of the rule of law.

          It struck down incursions of the President into the realm of legislative authority and protected the sanctity of civil liberties against governmental derogation.

          The Supreme Court apparently ruled in favor of the petitioners led by Minority Leader and Albay Representative Rep. Edcel C. Lagman on all the principal grounds which they raised, namely:

          1.    Executive Order No. 1 which created the Truth Commission is unconstitutional for arrogating the power of the Congress to create and fund a public office;

          2. The Truth Commission unlawfully duplicates and supplants the constitutional and statutory jurisdiction of the Ombudsman over cases of graft and corruption involving public officials; and

          3. The Truth Commission illegally targets solely officials of the Arroyo  administration in violation of the equal protection clause of the Constitution.

          It must be reiterated that the petition was filed not to protect the officials of the Arroyo administration but to preserve the separation of powers between the executive and legislative departments and protect the people from unequal treatment of the government.

         Partisan hostility and discrimination under the pretense of search for truth and closure cannot be legitimized.

         The Supreme Court remains to be the sanctuary of civil liberties.