SC declares ‘truth’ executive order unconstitutional

[samsungster]

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Voting 10-5, the Supreme Court has nullified the executive order creating the truth commission, according to an official of the high court.

“It violates the equal protection clause of the Constitution because it singles out reports of graft and corruption of the previous administration,” said lawyer Gleo Guerra, acting chief of the Public Information Office.

The court had acted on a petition by businessman Louis "Barok" Biraogo against the Truth Commission.

Guerra could not say, however, if Biraogo's complaint had been consolidated with that of opposition lawmaker Albay Representative Edcel Lagman.

The commission’s main function was to investigate allegations of graft and corruption under the Arroyo administration.

The five justices who dissented were: Antonio Carpio, Conchita Carpio-Morales, Antonio Eduardo Nachura, Ma. Lourdes Sereno, and Roberto Abad.

Among those who concurred with the majority decision were Chief Justice Renato Corona, Associate Justices Presbitero Velasco, Teresita Leonardo De Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano Del Castillo, Martin Villarama and Jose Perez – all appointed by former President Gloria Macapagal-Arroyo.

The decision was authored by Associate Justice Jose Catrall Mendoza.

In their petitions, Biraogo, Lagman, Congressmen Rodolfo Albano Jr., Simeon Datumanong, and Orlando Fua Sr. told the high court that the Truth Commission was 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.

They said the EO violated the equal protection clause because it selectively targetted for investigation and prosecution officials and personnel from 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.

They added that only Congress has the authority to create or abolish offices.

“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 the Congress to create public office,” the petition stated.

Under the Administrative Code of 1987, the only authority delegated to the Office of the President are the following: 1) the power is limited to the reorganization of existing agencies and offices; 2) reorganization must pertain only to the administrative structure of the Office of the President; 3) reorganization may entail a) restructuring of the internal organization of the Office of the President; b) transfer of functions and 3) transfer of agencies; d) reorganization is to achieve simplicity, economy and efficiency.
SC declares ‘truth’ executive order unconstitutional - INQUIRER.net, Philippine News for Filipinos

[peewee_toot]

hala likay jd...

[colby]

^^ malingaw ko ug mo comment ka brad, ginagmay lang then sige lang pakapin sa next post...hehhehehe extra points jud na..
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Anyway, according to the Palace spokesman during his LIVE press con, "this is a temporary set back but the Aquino government will continue to go after those people (we know who) so they can be held accountable. Now they are looking at their other options, will just have to wait for the next step of the palace.

Kusog jud gihapon ang influence niya...tsk tsk tsk. Sana ma clear niya iya name if wala jud siya sala, dili siya kailangan mo sige ug likay. If you are innocent prove it. If guilty siya I hope ma held sila accountable.

[hulagway]

sa akong tanaw..murag gipasa ra sa malacanang ang pressure didto sa supreme court..they know that creating such "group" is a not with in the law..pro sa mga masa dali kaayo ni sila patuohon nga ang court maoy babag sa ilang truth commission against GMA..pogi points lang ni...tanawa sa mosunod nga mga balita diba ilang ipagawas nga ang supreme court dapig ni GMA..hahahahahha

[Burn Out]

why they create a truth commision if they only targeted the previous administration?? hmmmmm

[peewee_toot]

^^OT: ok ra na sir. at least nalingaw ka.

[Ekim Amar]

I fully agree with the decision. President Noy cannot just abrogate unto himself the power of congress. Pursuant to the principle of separation of power, it is only congress who can enact such law that can create a public office. A Truth Commission is a public office thus if PNoy really wants to have it, he can just tell it to his allies in congress to pass such law.

[mannyamador]

Lagman and his cohorts arre always trying to hide the truth.

[necrotic freak]

nag ngisi ra si gma nimo abnoy.. hibawan nana imo pattern..

[harphaul]

The Malacanang dogs, who are branded as immature and have lesser legal minds, are now barking again...
Their side or arguments have always been,
"We believe in the sincerity of the purpose of EO1"
"Executive Order 1 was meant to be a “tool” to fight corruption – a battle cry of the Aquino administration"
That the president has always been serious in his job to fight corruption.................
ZZzzzzZZZ
They haven't technically refuted the arguments raised by the other camps, that it's unconstitutional and the others.
Oh yes, they asked, what about the Melo Commission.
Oh, here's a portion of the news:
"On the other hand, the other commissions like the Feliciano Commission,
Melo Commission and Zenarosa Commission, while created by executive issuance,
did not have full quasi-judicial powers that were given to the Truth Commission."

Pathetic administration