GMA allies to SC: Void EO creating truth body

MANILA, Philippines - Congressional allies of former President Gloria Macapagal-Arroyo asked the Supreme Court (SC) yesterday to void President Aquino’s order creating the Truth Commission.

House Minority Leader Edcel Lagman, along with opposition Representatives Rodolfo Albano Jr. of Isabela, Simeon Datumanong of Maguindanao and Orlando Fua Jr. of Siquijor, challenged the constitutionality of Executive Order No. 1 creating the body tasked to investigate the alleged misdeeds of Arroyo and her officials during her nine-year administration.

Lagman said the petition aims to uphold the separation of powers between the executive and the legislative as mandated under the Constitution.

Respondents in their official capacities are Executive Secretary Paquito Ochoa Jr. and Budget Secretary Florencio Abad.

The SC was also asked to stop the Office of the President from enforcing EO 1 based on the following grounds:

• EO 1 violates the separation of powers as it arrogates the legislative authority of Congress to create a public office and appropriate funds for its operation;

• The provision of Book III, Chapter 10, Section 31 of the Administrative Code of 1987 cannot legitimize the EO 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 like the Truth Commission;

• It 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;

• It 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;

• 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;

• 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.”

The lawmakers said the Truth Commission was an “exercise in futility” for duplicating the quasi-judicial powers of the Office of the Ombudsman and the Department of Justice.

“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,” read the petition.

The petitioners said 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.

This is the second time in two days that an executive order of President Aquino was challenged before the SC.

The validity of Executive Order 2 recalling the appointments of so-called midnight appointees was also questioned before the SC.

Lagman said 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 Dec. 21, 2012.

“(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,” he said. With Edu Punay