DOJ says Truth Commission constitutional
BY ROMMEL C. LONTAYAO AND RUBEN D. MANAHAN 4TH REPORTERS
THE Department of Justice (DOJ) on Monday declared that the creation of the Truth Commission by
President Benigno Aquino 3rd is constitutional. Justice Secretary Leila de Lima, in response to criticisms
by the House of Representatives minority bloc, said that the President has the authority to create the
commission through an executive order.
“The President has the power to create commissions and in fact, he has already formed three
commissions aside from the Truth Commission,” de Lima said.
The Justice chief is referring to the Melo Commission, which is tasked to probe media and political
killings, the Feliciano Commission which will investigate the 2003 Oakwood mutiny led by Sen. Antonio
Trillanes 4th, and the Mayuga Commission which will determine those involved in the wiretapping of
“Hello, Garci.”
President Aquino signed Executive Order 1 on Friday, creating the Truth Commission, which will
investigate on the alleged anomalous deals and transactions of the government under the Arroyo
administration.
De Lima said that those who question the constitutionality of the Truth Commission may bring their case
to the Supreme Court.
Lakas-Kampi CMD, the political party of former President Gloria Arroyo, said it is looking at the
possibility of doing that.
“Our legal panel will still look at that. It would depend upon its recommendation if we will file a petition
questioning the legality of the creation of the Truth Commission,” Lakas-Kampi CMD spokesman Raul
Lambino said in one interview.
The party also raised the concern that the commission would only duplicate the duty of the Office of the
Ombudsman, which is mandated by the Constitution to investigate and file cases against erring
government officials.
He expressed confidence that some other groups would also question the legality of the said
commission as other members of the House and some senators had already expressed their ideas
regarding the issue.
In a separate interview, Rep. Juan Miguel “Mikey” Arroyo of Ang Galing Pinoy on Monday said that the
truth should not be selective and that all the irregularities in all the past administrations should be
investigated as well.
“Since the time of President Aguinaldo, there have already been questions,” the younger Arroyo added.
He and Rep. Ignacio “Iggy” Arroyo of Negros Occidental vowed to cooperate on the investigation, while
the opposition bloc of the House of Representatives is set to question the legality of the Truth
Commission.
“We will not be obstructionist. We will cooperate although there must be equal protection as mandated
by the Constitution,” Mikey added.
Meanwhile, Rep. Carlos Padilla of Nueva Vizcaya urged the Truth Commission to include in its inquiry the
controversial deal between the National Power Corporation and the Argentine firm Industrias
Metalurgicas Pescarmona Sociedad Anonima (IMPSA).
Padilla underscored the need for a closure on the IMPSA contract that had been signed a few days after
the Arroyo government took over in January 2001.
Rep. Ben Evardone of Eastern Samar echoed Padilla’s position, adding that the transactions entered into
by the Government Services Insurance System and the Metro Manila Development Authority should
also be included in the inquiry of the Truth Commission.
Palace trusts SC to do the right thing on
Truth Commission
By Norman Bordadora
Philippine Daily Inquirer
First Posted 15:39:00 08/03/2010
Filed Under: Government, Graft & Corruption
MANILA, Philippines—Malacañang has expressed confidence that the Supreme Court—now
made up entirely of former President Gloria Macapagal-Arroyo’s appointees—would judge the
constitutionality of the Truth Commission based on the merits instead of a skewed loyalty to the
former appointing power.
The Truth Commission, formed by President Aquino’s Executive Order No. 1, is tasked to look
into allegations of corruption under the Arroyo administration. The former President’s allies in
Congress have started to question the commission’s authority under the constitution.
“We have to trust the institution of the Supreme Court, they are the final arbiter and I am sure,
that they will be ruling on the case based on the merits of the Executive Order and not because
they were appointed by the former President Arroyo,” said Presidential Spokesperson Edwin
Lacierda in a news briefing on Tuesday.
Arroyo camp to challenge truth commission
in SC
By Christian V. Esguerra
Philippine Daily Inquirer
First Posted 02:38:00 08/03/2010
Filed Under: Legal issues, Graft & Corruption, Inquirer Politics, Government
MANILA, Philippines—The camp of former President Gloria Macapagal-Arroyo is set to
question before the Supreme Court the legal basis for creating the Philippine Truth Commission,
a body set up to investigate alleged misdeeds during her scandal-wracked rule.
Raul Lambino, legal counsel of Arroyo’s Lakas-Kampi-CMD party, gave this clear notice a day
after President Benigno Aquino III said that the high court would be the final arbiter on the
legality of his order creating the commission.
Malacañang on Monday conceded that the commission’s findings would ultimately be “merely
recommendatory” but that the commission would also have another audience—the public itself.
“We will definitely go to the Supreme Court,” Lambino told the Inquirer. “It would seem that
this is an arrogation of legislative power that exclusively belongs to Congress, by the executive.”
Citing the case of truth commissions in Latin America and South Africa, Lambino said the
Philippine version could be merely an instrument of “political vendetta” against Arroyo.
“It’s overkill,” he said. “Truth commissions were set up in other countries to cover serious
abuses by dictatorial regimes that could not be put to justice because they controlled all
mechanisms of government. This is not our situation.”
‘Dictatorial tendency’
Lambino said the Philippine commission could have a “tendency of becoming dictatorial and
could be used as a form of witch-hunt in continuing to vilify certain personalities not of the new
administration’s liking.”
Disputing Lambino, presidential spokesperson Edwin Lacierda said: “Is it overkill? No. The
concern here is impartiality and independence.”
“If you do it by way of the Department of Justice, you’d be accused of partiality,” Lacierda said
in a media briefing.
“The reason the President decided to form an independent commission is for the members to be
impartial, for them to sift through evidence, gather evidence, and based on those evidence
gathered, come up with a recommendation.”
Two audiences
Lacierda said the commission’s findings would not be only for the perusal of the Office of the
Ombudsman.
“It is something (that has) two audiences—for the public to know what went on in a particular
controversy. And two, the Ombudsman, insofar as they are concerned, the truth commission will
submit to them the report, and it’s up to their prerogative, if they feel that it is subject to further
prosecution,” he said.
Lacierda pointed out: “The [report of the] truth commission is merely recommendatory so it’s up
to [the Ombudsman].”
Cat and mouse
Arroyo has not uttered a word about the commission since Mr. Aquino announced its creation
last week.
On Monday, her first day as a member of the House of Representatives, she played another “cat-
and-mouse” game with media reporters, refusing to grant any interviews.
She used a back door in the North Wing of the Batasang Pambansa apparently to avoid reporters
who had staked out the entrance of the minority bloc office, where she and members of Lakas-
Kampi-CMD held a caucus shortly after lunch.
Arroyo, escorted by three female members of the Presidential Security Group, just waved off the
reporters who caught up with her when she went up to her room next to the Speaker’s office.
Legal infirmities
The former President skipped the first week of Congress’ sessions and instead accompanied her
husband in his medical check-up in Hong Kong.
Arroyo’s first day in Congress on Monday was brief. She headed for the exits shortly after the
roll call presumably to escape being embarrassed by a scathing speech from Akbayan party-list
Rep. Walden Bello.
Lambino, her spokesperson, faced reporters and told them that the minority group, at its meeting
with Arroyo, was considering challenging the constitutionality of Mr. Aquino’s order creating
the truth commission.
“We believe that there are legal infirmities, especially powers given to investigate, subpoena and
sanction government officials who are called upon to testify and refuse to do so,” Lambino said.
“I think the creation of the truth commission is unconstitutional.”
Even if she said she was in poor health, Sen. Miriam Defensor Santiago said she might find the
strength to go to the Supreme Court to question Mr. Aquino’s order creating the commission.
“This is a gross violation of the Constitution,” she said
Santiago, who attended Monday’s session despite being on indefinite medical leave, said: “If
they insist, let’s bring it to the Supreme Court. If nobody else wants to bring it, I’ll ask for a
blood transfusion or something so that I can file the petition to the SC.”
Ombudsman backs body
Ombudsman Merceditas Gutierrez said that while many things had been said about the
commission, her office was committed to the success of the body.
“My position is we will support the commission. There have been comments, reactions about
(its) creation but our position is to support (it),” Gutierrez said in a press conference.
She also said her office would provide the commission all the necessary assistance.
“Anyway, we have the same objective of finding out the truth, finding out what is the falsity or
truth with respect to accusations lodged against the former President and members of her
family,” she said.
‘Enforcer of laws’
Justice Secretary Leila de Lima defended the creation of the commission.
“It is within the power of the President. As the chief administrator and enforcer of the laws, he is
in charge ... (of) matters of governance, including the issue of corruption,” De Lima told
reporters.
“Before, there was the Feliciano Commission and there was the Melo Commission. These were
all presidential issuances. So why can’t we do it again this time,” she added. With reports from
Gil C. Cabacungan Jr., Christine O. Avendaño, Leila B. Salaverria and Norman Bordadora
Joker: Truth commission is doomed
By Michael Lim Ubac
Philippine Daily Inquirer
First Posted 04:22:00 07/29/2010
Filed Under: Graft & Corruption, Legal issues, Government, Congress, Legislation
MANILA, Philippines—Without a legal leg to stand on, the planned truth commission is
doomed to fail, Sen. Joker Arroyo said Wednesday.
Arroyo, a lawyer, warned President Benigno Aquino III that creating a truth commission through
an executive order would be futile because it would suffer from a legal infirmity.
“It seems that the government is bent on putting every problem, every irregularity, everything,
on the truth commission. There’s nothing wrong with that,” said Arroyo, who served as
executive secretary during the term of the late President Cory Aquino, Mr. Aquino’s mother.
“But anything that the President does via an executive order does not have the force of law,” he
said.
Arroyo wondered why retired Supreme Court Chief Justice Hilario Davide Jr., who has been
appointed by Mr. Aquino to chair the truth commission, had not said a word about this legal
flaw.
“With this one, I don’t think Davide will get anywhere,” Arroyo said. “The success or failure of
the truth commission will not depend upon who the chairman is. It will depend upon the powers
that it has. If it has no powers, you can put the smartest lawyers [in it, but] it will not succeed.”
The truth commission is envisioned to investigate the gravest cases of corruption during the
period 2001-2010.
But in Arroyo’s reckoning, a commission to be created through an executive order can only
invite resource persons.
“In other words, it cannot compel attendance, it cannot compel anything, it can only invite. It
will have no subpoena powers,” he said, contradicting what Justice Secretary Lilia de Lima said
on Tuesday.
Toothless body
Asked if the commission would then be a “toothless tiger,” Arroyo said: “I think so… That will
be a toothless commission. It would suffer from a very legal flaw.
“I can see that those summoned there will immediately raise [or] contest the constitutionality of
the body. I myself would want the truth commission to succeed, but not in that manner.”
The senator said Mr. Aquino should leave it to Congress to craft the law creating the
commission.
“I think the best way to do it is to form a commission that is enacted by Congress with teeth and
safeguards,” he said.
Arroyo said that without powers granted by Congress, the commission would merely refer its
findings to the Department of Justice, or the Office of the Ombudsman.
“The better thing would be … the truth commission will investigate. And if it files a prima facie
case, [it should] file it directly to the courts,” he said.
Cory’s PCGG
Arroyo agreed that the Presidential Commission on Good Government (PCGG), which is tasked
to go after the ill-gotten wealth of the Marcos family and its cronies, was created by Mr.
Aquino’s mother through an executive order.
But at that time, he pointed out, the first President Aquino was operating under a Freedom
Constitution.
Narrated Arroyo: “The best example is the PCGG. That was EO (Executive Order) No. 1 enacted
by President Cory. Attorney Jovito Salonga drafted it, submitted it, and President Aquino signed
it without corrections. It was challenged in the Supreme Court, [which] sustained it. That is the
kind of an investigative body that will ensure success.”
Arroyo said the late former President had the power to enact laws because “she was the
legislature at that time.”
“I should know because my signature is there in EO No. 1,” he said, adding that under the
present Constitution, “the President can’t have the same powers that we’re experiencing here [in
the Senate during inquiries].”
Not attacking P-Noy
Arroyo tried to make clear that he was not attacking Mr. Aquino.
“But why did the advisers of the President [allow this]? I’m not criticizing the President; I’m
only referring to [his] legal advisers [who] keep on talking about the truth commission … as if
there should be no participation of Congress, the Senate, in particular,” he said.
Santiago mulls taking Truth
Commission to SC
By Maila Ager INQUIRER.net First Posted 17:29:00 08/02/2010 Senator Miriam Defensor-Santiago is
threatening to question before the Supreme Court the legality of Executive Order No. 1 that created the
Truth Commission, calling it a “gross violation of the Constitution.”
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MANILA, Philippines--Senator Miriam Defensor-Santiago is threatening to question before the
Supreme Court the legality of Executive Order No. 1 that created the Truth Commission, calling
it a “gross violation of the Constitution.”
“Let me say it candidly, Executive Order Number 1 is a usurpation of legislative function and we
all in the legislative branch have a bound in duty to oppose that kind of usurpation. Even if I
have to go to the Supreme Court, even with my poor physical health to fight for it,” the senator
told a press conference on Monday.
“This is a gross violation of the Constitution. This is what happens when lay people start to take
technical interpretations of the Constitution” she said.
Santiago said the President violated the doctrine of “non-delegation” which says that “Do not
delegate what the Constitution has assigned to you” when he issued the EO instead of asking
Congress to just pass a law on it.
“The administration could have the humility to ask Congress by means of a certification of
urgent necessity. In other words, the President should certify as urgent a bill to create the Truth
Commission,” she said.
“Because as it stands now, it's plainly unconstitutional and the efforts to explain this
constitutionality are very sophomoric. In other words, it's a bunch of amateurs trying to justify
what they are doing,” she added.
Santiago cited two Supreme Court rulings upholding the sole power of Congress to create
agencies of government.
To spare the new administration from embarrassment, Santiago said the government should
withdraw the EO, as she expressed readiness to lead the filing of a measure to create the fact-
finding body.
“Why risk the embarrassment of being turned by the Supreme Court in the first EO? Why do
that? I don't understand. These crooks are here, they will be here until they croak,” she pointed
out.
Besides, the senator said that the commission would only duplicate the works of the Office of the
Ombudsman, which is tasked to investigate allegations of graft and corruption against
government officials.
Santiago believes the President was just compelled to form the body because he was
disappointed at the slow pace of cases in the Office of the Ombudsman.
But because Ombudsman Merceditas Gutierrez has a fixed term, the President could not compel
her to step down from office.
Instead of forming the commission, Santiago said the administration should have just created a
special prosecution that would specifically handle the graft and corruption allegations during the
past administration.