House minority questions Aquino’s EO on Truth Commission

President Benigno Aquino III’s first executive order creating the Truth Commission to probe corruption issues during the previous administration of Gloria Macapagal-Arroyo may have violated certain provisions in the Constitution, the former President’s allies in the Lower House said on Saturday. House Minority Leader Edcel Lagman of the Arroyo-led Lakas-Kampi-CMD party said in a statement on Saturday that their bloc is “seriously considering" challenging the constitutionality of Executive Order No. 1 before the courts. President Aquino signed on Friday EO No. 1 establishing the Truth Commission, which will be chaired by former Chief Justice Hilario Davide Jr., “to investigate allegations of anomalies during the last nine years." (See: President Aquino signs EO creating Truth Commission) Lagman said that the creation of the commission may have been unconstitutional, since only Congress can create new offices and commissions based on the 1987 Constitution. He cited as examples the Presidential Commission on Good Government (PCGG) and the Commission on Human Rights (CHR), which were created through “legislative authorization" by Aquino’s mother, the late President Corazon Aquino, during her term. “It will be recalled that… former President [Aquino] exercised (both executive and) legislative powers under the revolutionary government, while President Aquino III exercises only executive powers," he said. He added that only the legislature can appropriate funds to certain government offices, making Aquino’s declaration in EO No. 1 that the “Office of the President shall provide the necessary funds for the Commission" unconstitutional. Lagman likewise said that the Truth Commission only “duplicates" the constitutional mandate of the Office of the Ombudsman tasked to investigate complaints on erring government officials, as well as the “statutory jurisdiction" of the Department of Justice. The House Minority leader also said that the creation of the commission may have violated the constitutionally protected right to equal protection of the laws, since it “targets a specific group of officials for investigation." Lagman however said that their plan to question EO No. 1 before the courts “is not to shield officials of the previous administration." “The sole purpose of the judicial recourse is to uphold the sanctity of the Constitution on separation of powers and maintain the rule of law," he said in the statement. At the Senate, Senator Joker Arroyo also earlier said that the creation of the Truth Commission is legally flawed, saying the body does not have “the force of law" against government officials it will find guilty of corruption unless Aquino lets Congress pass a law creating the commission. Lagman, who was fielded by Lakas-Kampi-CMD as candidate for House speaker after the former President turned Pampanga representative refused the offer, in recent days has become more vocal at the Lower House with his criticisms of Aquino's executive moves. A day after President Aquino’s July 26 State of the Nation Address, Lagman also delivered the opposition bloc’s “Kontra-SONA" at the Lower House, where he presented a scathing criticism of the President’s SONA as “bitin, kulang at kapos."—JV, GMANews.TV