Ex-DOJ secretary questions validity of Truth Commission

MANILA, Philippines – President Aquino already possesses the powers that the Truth Commission seeks to exercise, former justice secretary Agnes Devanadera said yesterday.

In a statement, Devanadera said the Truth Commission would only make use of the Department of Justice, National Bureau of Investigation, Office of the Ombudsman, and Office of the Solicitor General in enforcing its mandate.

“And given this duplication, the investigation that would be conducted by the Truth Commission could deteriorate into a witch hunt for its lack of power and authority to prosecute,” she said.

The Supreme Court is expected to deliberate tomorrow the legality of the creation of the Truth Commission.

Lawmakers allied with former President Gloria Macapagal-Arroyo have asked the SC to void for being unconstitutional Executive Order 1 creating the Truth Commission to investigate alleged anomalies during the Arroyo administration.

In their petition, House Minority Leader Edcel Lagman together with Reps. Rodolfo Albano Jr. of Isabela, Simeon Datumanong of Maguindanao and Orlando Fua Sr. of Siquijor have asked the SC to stop Executive Secretary Paquito Ochoa Jr. and Budget Secretary Florencio Abad from enforcing EO 1.

Petitioners said EO 1 violated the principle of separation of powers and usurped the power of Congress to appropriate public funds.

The Truth Commission, headed by former chief justice and ambassador Hilario Davide Jr., is engaging in selective and discriminatory pursuit of “truth and justice” solely against officials and personnel of the previous administration, they added.

Petitioners said public offices, including commissions and bodies, can only be created by the Constitution or through laws enacted by Congress.

“Not being vested either by the Constitution or by an appropriate statute to create public offices like the Truth Commission, the Office of the President verily arrogated the power of Congress to create a public office,” they said.

“No life has been breathed to the Truth Commission because the President of the Republic is powerless to give life to such public office.”

Petitioners said the Truth Commission cannot be formed through an executive order since it is a fact-finding body with quasi-judicial powers.

“If eliminating graft and corruption is the noble aim, then equal protection demands that all persons who belong to the same class of suspected or alleged perpetrators of graft and corruption must be investigated and prosecuted equally without regard to personalities and regimes,” they said.

“They must be exposed to the same rigors and processes, the same hostility and persecution.

“But not the Truth Commission which is explicitly ordered to target only officials and employees, and their conspirators, who belong to the previous administration – the regime of former President Gloria Macapagal-Arroyo.”

Petitioners said the creation of the Truth Commission only duplicates the powers of the Office of the Ombudsman and the Department of Justice to investigate crimes and prosecute offenders.

“A review of the powers granted to the Truth Commission... verily shows that Executive Order 1 illegally amended both the Constitution and pertinent laws which granted quasi-judicial powers to the Ombudsman and the Department of Justice,” they said.