ShareThisMANILA — Malacañang asked the Supreme Court last week to reconsider its December 7 decision declaring the Truth Commission unconstitutional, arguing that its creation does not violate the equal protection clause.
In the motion for reconsideration (MR) filed by Solicitor General Jose Anselmo Cadiz, he said Executive Order No. 1 is not in violation of the equal protection clause because (1) the language of the executive order shows that there is no intent to unfairly discriminate against the previous administration, (2) the Truth Commission does not single out specific individuals but refers to questionable transactions in the administration of former President Gloria Macapagal Arroyo, and (3) there is no invidious classification of the transactions during the previous administration since this is based on substantial distinctions that make for real differences.
The MR likewise argues that since the Supreme Court has already ruled that the President has the power to investigate to ensure that laws are faithfully executed, the high tribunal cannot prescribe the subject, purpose, and manner of such investigation.
Executive Secretary Paquito N. Ochoa Jr. said Malacañang filed the MR because it wants to exhaust all legal remedies available before considering the other options raised by members of the Palace legal team.