ShareThisAquino to appeal ruling,
vows to stamp out corruption
MANILA (PinoyNews) – The Supreme Court has declared unconstitutional Executive Order No. 1 of President Benigno S. Aquino III creating the Truth Commission and Malacanang readily said it will appeal the decision.
The commission headed by former Chief Justice Hilario Davide with former Associate Justice Flerida Ruth Romero as member was supposed to probe the alleged irregularities and anomalies during the nine-year administration of former President and now Pampanga Rep. Gloria Macapagal Arroyo.
The commission, in fact, has started work and has prepared a tentative list of 23 cases of alleged massive graft and corruption in the previous administration for its investigation.
Voting 10-5, the High Court ruling is considered as another blow to President Aquino’s administration.
Those who voted for the ruling were Chief Justice Renato Corona, Associate Justices Teresita Leonardo-de Castro, Arturo Brion, Presbitero Velasco, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Martin Villarama, Jose Perez, and Jose Mendoza.
The five who dissented with the majority ruling were Associate Justices Antonio Nachura, Antonio Carpio, Conchita Carpio Morales, Maria Lourdes Sereno, and Roberto Abad.
The high court apparently gave credence to the petition of minority lawmakers led by Rep. Edcel Lagman who said the commission was created with too much power that it has already stepped on the rights of constitutionally-created bodies.
“The majority [ruled that EO 1] violates the equal protection clause of the Constitution inasmuch as it singles out investigation of graft and corrupt practices in the previous administration,” said acting SC public information chief Gleoresty Guerra.
Section 1, Article III of the 1987 Constitution provides that: “No person… shall be denied the equal protection of the laws.”
In this case, those who questioned EO 1’s legality said the creation of the Truth Commission violated the equal protection clause because it only targeted specific individuals for prosecution “as if corruption is their peculiar species even as it excludes those of the other administrations, past and present, who may be indictable.”
Malacanang said they will file a motion for reconsideration before he Supreme Court.
Unfazed by the Supreme Court decision declaring the Truth Commission as “unconstitutional,” President Aquino vowed on Wednesday to remain true to his election promise to get to the bottom of alleged corruption perpetrated by officials of the previous administration.
In a statement, President Aquino said that though many people were dismayed by the decision of the High Tribunal, he remains determined in searching for the truth that will finally bring to a close this “dark chapter in our nation’s history.”
Aquino slammed the High Court’s ruling saying the Commission’s mandate was not to train its sights on just one person but to go after the whole group.
“Lilinawin ko po: Hindi nakatutok ang Truth Commission sa iisang tao lamang kundi sa maraming iba’t ibang mga insidente (To make it clear: the Truth Commission is not concentrating its investigative powers on just one person but on different incidents),” the President said.
The President pointed out that among the burning issues the Commission is tasked to find answers to are the Hello Garci case, the scuttled NBN-ZTE deal, the fertilizer fund scam, the typhoon Ondoy and Reming relief fund, and on the various “midnight appointments and deals.”
He said it was his duty and obligation to all Filipinos as President of the country to unearth answers to these issues especially to “those who are ready to pay the ultimate sacrifice and tell the truth on alleged corruption.”
He called on those “pretending” to be deaf and blind not to get in the way in his campaign against corruption.
“I will do everything under the law to stop those who take advantage of the people. Have no doubt that before myself or others, I will put the interests of the people first.”
As long as I am President, I will never allow the Filipino people to be taken advantage of.
Senator Francis Escudero cautioned the legal team of President Aquino to refrain from issuing sweeping statements against the Supreme Court for striking down the creation of the Truth Commission.
Escudero reacted following the statements separately issued by Solicitor General Jose Anselmo Cadiz and Justice Secretary Leila de Lima after the High Tribunal ruled unconstitutional the creation of the Truth Commission.
Cadiz has told a press conference that the High Court’s decision was a payment of gratitude to former President and now Rep. Gloria Macapagal-Arroyo, who appointed 14 of 15 sitting justices.
De Lima, on the other hand, said the High Tribunal’s ruling on Executive Order No. 1 creating the Truth Commission showed characteristics of a political decision.
“While I also personally disagree with the decision of the court in striking down the creation of the Truth Commission, I don’t think it is right to brand the decision as political in a sweeping manner because statements such as these affect the vote of each justice, disregarding their individual opinion,” Escudero said.
Escudero, the Senate representative to the Judicial and Bar Council, said statement branding the Supreme Court’s ruling as politically-motivated was uncalled for especially coming from the highest legal officials of the Palace.
“As officers of the court and members of the official legal team, more respect should be accorded to the High Tribunal whether the decision penned is favorable or not to any party. I hope the President’s legal team will be more circumspect when issuing statements or personal opinions that may undermine some entities who actually did their job right, like in the case of this EO No. 1 decision,” he added.
The senator said the decision to declare the Truth Commission as unconstitutional may be a political function for some, but to say that the entire deliberation was political may not be semantically accurate.
“When said in that context, it unfairly reflects the votes of those who dissented against the decision. Our legal officials should conduct themselves in a more diplomatic way when faced with odds in the exercise of their duties,” Escudero said.
Escudero also said that should Malacanang decide to amend the executive order based on the opinion of the Supreme Court, the legal team could just add the letter “s” to the phrase “past administration” in order to widen the scope of the investigation by the Truth Commission and not be misconstrued as a class legislation.
“Since the SC majority upheld the power of the President to create such commission, the legal team can even explain in their motion for reconsideration that the intent of the commission is indeed not only focused on the Arroyo administration but it includes other past administrations before it as well,” he said.
Presidential spokesman Edwin Lacierda expressed his disappointment over the decision of the high court.
“It’s unfortunate that we received today the report… it sets back our efforts for reform and accountability,” he said.
The new decision is an addition to a string of setbacks for the Aquino administration at the High Court.
In September, the high court stopped the impeachment proceedings against Ombudsman Merceditas Gutierrez despite the heavy backing of Aquino allies.
The following month, Aquino voiced out his dismay over the resolution after the high court issued another halt order involving Executive Order No. 2.
The high court issued a status quo order in connection with the motion of Bai Omera Dianalan-Lucman, 1 of 4 who filed a petition questioning the constitutionality of Executive Order No. 2.
The order revoked the so-called “midnight appointment” of more than 2,000 appointees of President Arroyo for alleged violation of the constitutional ban on appointments.
The case on midnight appointment is still pending before the High Court, but many appointees were already replaced.