High court declares Truth Commission unconstitutional

(Updated 3:41 p.m.) The Supreme Court (SC) on Tuesday declared as unconstitutional President Benigno Simeon Aquino III's Executive Order (EO) No. 1 creating the Philippine Truth Commission, saying it "violates the equal protection clause of the Constitution" for focusing on the administration of President Gloria Macapagal-Arroyo. The Truth Commission is the body tasked to investigate the alleged corruption and cheating scandals that hounded the nine-year Arroyo administration. The commission is headed by former SC Chief Justice Hilario Davide Jr. "By a vote of 10-5, the court voted to declare unconstitutional Executive Order No. 1 creating the Philippine Truth Commission of 2010," acting SC public information chief Gleoresty Guerra announced in a news conference. "The majority [ruled that EO 1] violates the equal protection clause of the Constitution inasmuch as it singles out for investigation reports of graft and corrupt practices in the previous administration," she added. 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." As of this posting, the media has yet to be furnished a copy of the decision. The court gave Malacañang 15 days to answer the ruling. 15 days to answer ruling Meanwhile, Presidential spokesman Edwin Lacierda said Malacañang will file a motion for reconsideration within 15 days after receiving the decision, which Malacañang has yet to receive a copy of. "Our position is that the EO 1, the Truth Commission, is constitutional and this is a genuine difference of opinion with the Supreme Court. Be that as it may, we will file our motion for reconsideration to convince the Supreme Court of the strength of our position," he said in a press briefing on Tuesday. Lacierda said the Palace believes the Supreme Court decision is "a setback" to its "efforts to reform" the government. Executive Secretary Paquito Ochoa Jr., who was in charge of crafting EO No. 1, said the SC decision will not deter the Aquino administration from "pursuing measures necessary to look into the allegations of corruption by the previous administration." "We will file a motion for reconsideration while exploring other options within the bounds of the law to investigate, try, and punish those who have used and abused their positions to enrich themselves in office," Ochoa said in a statement. On the other hand, the camp of former President and incumbent Pampanga Rep. Gloria Macapagal Arroyo refused to comment on the Supreme Court (SC) decision, declaring the Truth Commission as unconstitutional. Elena Bautista-Horn, Arroyo’s spokesperson and chief of staff, said they will not be issuing any statement on the matter. How the justices voted The majority who voted to junk EO1 are: Chief Justice Renato Corona and Associate Justices Teresita Leonardo-de Castro, Arturo Brion, Presbitero Velasco, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Martin Villarama, Jose Perez, and Jose Mendoza. All are Arroyo appointees.

The justices who voted to junk President Aquino's Executive Order 1. SC

Those who dissented were Associate Justices Antonio Carpio, Conchita Carpio-Morales, Eduardo Nachura, Roberto Abad, and Ma. Lourdes Sereno. All are Arroyo appointees, except Sereno.

The justices who dissented. SC

In the press briefing, Guerra brushed aside speculations that the high court ruled against the Aquino administration because most of the justices were Arroyo appointees. "As you can see, four of those who dissented are also appointees of Gloria Arroyo. So this means that the justices resolved the case according to what they viewed was based on the law," Guerra said. House allies On July 30, Aquino signed EO No. 1 creating the truth body to "seek and find the truth on, and toward this end, investigate reports of graft and corruption" during Arroyo's regime. However, Arroyo's allies at the House of Representatives led by House Minority Leader Edcel Lagman challenged the executive order's legality, saying only Congress has the power to create public offices. Arroyo's allies also called the Truth Commission an "exercise in futility" as it duplicates the quasi-judicial powers of the Office of the Ombudsman and the Department of Justice. The lawmakers asked the SC to strike down EO No. 1 as unconstitutional. 20 corruption cases In October, members of the Truth Commission held a press conference to announce a shortlist of 20 corruption and cheating scandals being considered for investigation. These include:

• the $329-million national broadband network deal— the "Philippine National Broadband Network controversy" (also referred to as the NBN-ZTE deal) involved allegations of corruption in the awarding of a US$329 million construction contract to the Chinese telecommunications firm ZTE for the government's proposed National Broadband Network (NBN) project. The contract with ZTE was signed on April 20, 2007 in Hainan, China. After news about alleged irregularities came out, former President Arroyo canceled the NBN project in October 2007. On July 14, 2008, the Supreme Court dismissed three petitions questioning the constitutionality of the national broadband deal, saying the petitions became moot when the NBN project was canceled.
• the P728-million fertilizer fund scam — this political controversy involves accusations that former Agriculture Undersecretary Jocelyn "Jocjoc" Bolante diverted P728 million in fertilizer funds to the 2004 election campaign of Arroyo.
• the C-5 road controversy — Senator Manuel Villar, a real state developer and Forbes Magazine’s ninth richest Filipino in 2009 with a net worth of $530 million, was accused of using his power to realign the C-5 road project for the benefit of his companies. Villar earlier denied his involvement in any wrongdoing connected to the C-5 road project.
• "Hello Garci" election scandal — in this controversy, a woman perceived to be Arroyo and a man said to be former Elections commissioner Virgilio Garcillano, discussed the alleged padding of 2004 election returns in favor of Arroyo. Their wiretapped conversations were later made public. The recordings of these conversations have been dubbed the "Hello Garci" tapes.

– with Jam Sisante, Amita Legaspi, VVP/RSJ/YA, GMANews.TV