President Benigno Aquino III on Sunday dared critics of the Truth Commission to take the issue to the Supreme Court if they want to challenge the constitutionality of the creation of the fact-finding body. “Ang huhusga kung sinong may tamang opinion, Korte Suprema. Kung idudulog nila dun sa palagay ko yun ang nararapat na venue o fora para malaman kung sino ang tama," Aquino said at a press briefing after the memorial Mass for his mother, former President Corazon Aquino, who died of colon cancer exactly a year ago. (The Supreme Court will judge who has the correct opinion. I think that’s the right venue or forum to determine who is correct.) The Truth Commission was formed to look into unresolved corruption allegations under the nine-year Arroyo administration. House Minority Leader Edcel Lagman of the Arroyo-led Lakas-Kampi-CMD party on Saturday said their bloc is “seriously considering" challenging the constitutionality of Executive Order No. 1, which created the commission, before the courts.
Lagman said the formation of the commission through an executive order may be 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 during her term. Senator Miriam Defensor Santiago also
raised a similar argument, saying Congress must first pass a law creating the commission or allowing the Office of the President to form such a body. Even Sen. Joker Arroyo, a close associate of Aquino's parents, earlier predicted that the Truth Commission will not succeed, saying it will be a “toothless commission" that “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," he said. Aquino said that while he acknowledges the opinion of lawmakers, the Truth Commission will continue with its mandate unless the Supreme Court deemed it unconstitutional.
“Sa ngayon palagay namin tama ang ginagawa naming, itutuloy natin yan (Right now we think we are doing the right thing so we will continue it)," he said.
President Aquino leads his family in commemorating his mother's death anniversary. At a press conference, he tells the critics of the Truth Commission to bring the matter to the SC. Rick Rocamora
The Truth Commission will be headed by retired Chief Justice Hilario Davide Jr., who in 2001 swore in then Vice President Gloria Macapagal-Arroyo as president following the ouster of then President Joseph Estrada through a popular street uprising. The fact-finding body will be composed of four other officials whom Malacañang has yet to identify. Based on the EO that was
signed last Friday, the commission has the power to request and obtain information and documents from any agency under the executive branch; Congress; the courts including the Sandiganbayan and the Office of the Court Administrator; and government-owned and controlled corporations. It can also invite or subpoena witnesses and take their testimonies and administer oaths. Public officials who refuse to honor the subpoena, take oath, or give testimony without a lawful excuse, will be subjected to administrative disciplinary action, while any private person who does the same “may be dealt with in accordance with the law." Chief Presidential Legal Counsel Eduardo de Mesa has said the Palace believes EO No. 1 will be upheld by the Supreme Court if its constitutionality is challenged before the high tribunal.
- KBK, GMANews.TV 
GMA Brandtalk
Tracking
Archives
