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Arroyo mum on SC ruling on Truth Commission


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. However, Arroyo's allies in the House of Representatives welcomed the SC decision. Negros Occidental Rep. Ignacio Arroyo Jr., the former state leader’s brother in law, reiterated their position that the Truth Commission is unconstitutional because it violates the equal protection of the law. “Why does PNoy want to waste the people's money? The courts were established for things like this. Not only is it redundant but the commission can mislead for their own agenda," he said in a text message to reporters. He further said President Aquino needs better legal minds around him. “It’s about time the President has to be more prudent in his actions even if his intentions are good," Arroyo added. SC decision On Tuesday, the SC issued a decision declaring as unconstitutional President Benigno Simeon Aquino III's Executive Order (EO) No. 1, creating the Philippine Truth Commission. The Truth Commission is the body that was tasked to investigate the alleged corruption and cheating scandals that hounded the nine-year Arroyo administration. The commission head was former SC Chief Justice Hilario Davide Jr. "In a vote of 10-5, the court voted to declare unconstitutional Executive Order No. 1 creating the Philippine Truth Commission of 2010," said acting SC public information chief Gleoresty Guerra. "The majority [ruled that EO 1] violates the equal protection clause of the Constitution inasmuch as it singles out investigation 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." 'Triumph of rule of law' In a press statement, House Minority Leader Edcel Lagman, petitioner on the case, said the SC decision is a signal triumph of the rule of law. He said it struck down the "incursions" or entry of the President into another's territory — that of legislative authority. Lagman added that the SC decision protected the sanctity of civil liberties against governmental derogation. He believed the SC ruled in favor of the petitioners on all the principal grounds which they raised, namely: 1. EO No. 1 which created the Truth Commission is unconstitutional for "arrogating" (or claiming for oneself without right) the power of the Congress to create and fund a public office; 2. The Truth Commission unlawfully duplicates and supplants the constitutional and statutory jurisdiction of the Ombudsman over cases of graft and corruption involving public officials; and 3. The Truth Commission illegally targets solely officials of the Arroyo administration in violation of the equal protection clause of the Constitution. Lagman said the petition was filed not to protect the officials of the Arroyo administration. He said the petition aimed to preserve the separation of powers between the executive and legislative departments and protect the people from unequal treatment of the government. “Partisan hostility and discrimination under the pretense of search for truth and closure cannot be legitimized. The Supreme Court remains to be the sanctuary of civil liberties," he said. Lessons from SC decision Zambales Rep. Ma. Milagros Magsaysay said Malacañang should learn its lesson from the SC decision. “The SC based its decision on merits of the case and Malacanang should have studied their position vis a vis the Constitution. It’s a lesson for Malacanang to exercise prudence in their actions and decision making so as not to suffer rebuffs," she said in a text message to GMANews.TV. Maguindanao Rep. Simeon Datumanong said the SC decision reassures people that indeed the High Tribunal is the guardian of the Constitution. House justice committee chairman Niel Tupas, President Aquino’s ally in the House, believed the ruling will have a negative effect on the administration’s campaign against corruption. “The Truth Commission was basically set up for the purpose of investigating because the body tasked by Constitution to investigate and prosecute graft and corruption seems to have lost credibility," he told reporters, referring to the Office of the Ombudsman. Ombudsman Merceditas Gutierrez is not facing an impeachment complaint before the House justice committee. All is not lost for the Aquino administration, Tupas believed, as the executive branch can still file a motion for reconsideration. “The executive has to think this through, there's a legal option and is always available," he said. – with Sophie Dedace, VVP, GMANews.TV