Contact Details

Rm. N-411, House of Representatives, Quezon City, Metro Manila, Philippines
+63 2 931 5497, +63 2 931 5001 local 7370

Office of Minority Leader Edcel C. Lagman

12 August 2010

0918-9120137 / 0916-6406737

 

          Minority leader and Albay Representative Edcel C. Lagman led three other senior solons in asking today the Supreme Court to nullify the creation of the “Truth Commission” for being unconstitutional.

           In a 55-page petition for Certiorari and Prohibition docketed as G.R. No. 193036, the petitioners challenged the constitutionality of Executive Order No. 1 which formed the “Truth Commission” on the following grounds:

           1)   E.O. No. 1 violates the separation of powers as it arrogates the legislative authority of the Congress to create a public office and appropriate funds for its operation.

           2)   The provision of Book III, Chapter 10, Section 31 of the Administrative Code of 1987 cannot legitimize E.O. No. 1 because the delegated authority of the President to structurally reorganize the Office of the President to achieve economy, simplicity and efficiency does not include the power to create an entirely new public office which was hitherto inexistent like the “Truth Commission”.

          3)   E.O. No. 1 illegally amended the Constitution and pertinent statutes when it vested the “Truth Commission” with quasi-judicial powers duplicating, if not superseding, those of the Office of the Ombudsman created under the 1987 Constitution and the Department of Justice created under the Administrative Code of 1987.

         4)   E.O. No. 1 violated the equal protection clause as it selectively targets for investigation and prosecution officials and personnel of the previous administration as if corruption is their peculiar species even as it excludes those of the other administrations, past and present, who may be indictable.

         5)   The creation of the “Philippine Truth Commission of 2010” violates the consistent and general international practice of four decades wherein States constitute truth commissions to exclusively investigate human rights violations, which worldwide customary practice forms part of the generally accepted principles of international law which the Philippines is mandated to adhere to pursuant to the Declaration of Principles enshrined in the Constitution.

         6)   The creation of the “Truth Commission” is an exercise in futility, 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.

        7)   The mere fact that previous commissions were not constitutionally challenged is of no moment because neither laches nor estoppel can bar an eventual question on the constitutionality and validity of an executive issuance or even a statute.

        Sued as respondents in their official capacities are Executive Secretary Paquito Ochoa, Jr. and Budget Secretary Florencio Abad.

        Reps. Rodolfo Albano, Jr, Simeon Datumanong and Orlando Fua, Jr. joined Lagman in also calling the “Truth Commission” an “exercise in futility” for duplicating the quasi-judicial powers of the Office of the Ombudsman and the Department of Justice.

       The petitioners also said that the “Truth Commission” is an “enterprise in partisan hostility” for engaging in selective and discriminatory pursuit of “truth and justice” solely against officials and personnel of the previous administration.

       The Supreme Court was also asked by the petitioners to issue a temporary restraining order or writ of preliminary injunction to enjoin the Office of the President from implementing or enforcing Executive Order No. 1.

       This is the second time in two days that an executive order of President Benigno Aquino III was challenged before the High Court. The validity of Executive Order No. 2 recalling the appointments of so-called “midnight appointees” was also questioned before the Supreme Court.

       Lagman said that the proffered purpose of achieving closure of the alleged misdeeds of the previous administration is only populist propaganda because the “Truth Commission” is authorized to drag the investigations for a maximum of 29 long months or up to December 21, 2012.

       The Bicol solon also said that the new administration is misleading the people by making the false impression that the elimination of graft and corruption is a magic wand that would altogether banish poverty without solving the other major causes of widespread poverty.

       Lagman earlier clarified that the petition before the Supreme Court is not to defend or protect the reported errant officials of the Arroyo administration but to uphold the constitutionally ordained separation of powers between the executive and the legislative and to sustain the rule of law.

Link: 

http://opinion.inquirer.net/inquireropinion/columns/view/20100816-287045/The-Truth-Commission