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Lagman: More Infirmities Afflict Truth Commission

Press Statements

                                                                 

        Executive Order No. 1 which created the “Truth Commission” was afflicted with other constitutional infirmities in addition to its having violated the equal protection clause.

         Five justices who wrote separate concurring opinions ruled that the President breached the doctrine of separation of powers when he arrogated the sole prerogative of the Congress to create public offices like the commission.

         The justices, including those who dissented, agreed that the “Truth Commission” as created by E.O. No. 1 constitutes a public office.

         Chief Justice Renato C. Corona and Associate Justices Teresita J. Leonardo-De Castro, Arturo Brion, Diosdado M. Peralta and Lucas P. Bersamin all said that the President exceeded his delegated authority to reorganize offices in the executive department because the commission as an entirely new office is not a result of a reorganization, and moreover, its establishment does not comply with standards of “simplicity, economy and efficiency” as provided for in the Administrative Code of 1987 because it duplicates the functions of existing agencies like the Department of Justice and the Office of the Ombudsman.

         Moreover, it was found by the concurring justices that the Commission was vested with quasi-judicial functions like ascertaining probable cause in criminal complaints, which only the Congress can authorize.

         The aforenamed five justices also joined Associate Justice Jose Perez in declaring that the commission duplicated and usurped the constitutional mandate of the Ombudsman of exercising primary jurisdiction in the investigation of graft cases and there is no law authorizing the President to vest the commission with the power to investigate public officials and private citizens who are not part of the Executive Department.

         Consequently, even if the President amends E.O. No. 1 to cover the investigation of prior administrations, its fatal constitutional infirmities will still persist.

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 'Supreme Court unlikely to reverse ruling on truth body'

By Paolo Romero (The Philippine Star) Updated December 13, 2010 12:00

Link: http://www.philstar.com/Article.aspx?articleId=638782&publicationSubCategoryId=63

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