Aquino: GMA untouchable? Not in my administration

The Aquino administration will not stop trying to “find the truth" about the numerous scandals that hounded the nine-year presidency of Gloria Macapagal-Arroyo even though the Truth Commission has been declared unconstitutional, President Benigno Aquino III vowed Wednesday. In a press briefing, Aquino said it was his responsibility to shed light on corruption controversies during his predecessor’s administration such as the Hello Garci scandal, the botched $329-million ZTE-NBN deal, and the P728-million fertilizer fund scam even though the Supreme Court (SC) said Executive Order No. 1, creating the Truth Commission to investigate such controversies, violates the equal protection clause of the 1987 Constitution. When asked if he thinks Arroyo is politically "untouchable," Aquino answered: "Napakakawawa naman po ng Republika natin kung ganon ang mangyayari. At ako, hindi ako papayag. Hindi ako marunong sumuko pag palagay ko nasa tama ako." (Our republic would be pitiful if that is the case. And I will not let that happen. I do not give up if I know that I am right.)
Without directly referring to the 15-member SC—14 members of which are Arroyo appointees—Aquino said his government's quest to find the truth in the scandals should not be blocked. In the press briefing, Aquino was accompanied by leaders of his legal team Executive Secretary Paquito "Jojo" Ochoa Jr. and Chief Presidential Legal Counsel Eduardo de Mesa, Palace communication group heads Ricky Carandang and Sonny Coloma, and spokespersons Edwin Lacierda and Abigail Valte. "Nananawagan ako, sa mga nagbubulag-bulagan at nagbibingi-bingihan sa malinaw na panawagan ng taumbayan: huwag po sanang harangan ang aking tungkulin (I call on those playing blind and deaf to the clear call of the people: please do not keep me from doing my duty.)," said the president. "Gagawin ko ang lahat ng nararapat sa ilalim ng batas upang itigil ang pamiminsala sa taumbayan. Huwag po kayong magduda, bago ang sarili ko, bago sino man, ang papanigan ko ay ang interes ng taumbayan (I will do everything necessary under the law to stop abusing the people. Do not doubt that, before myself, before anyone else, the side I am taking is the interest of the people)," he said. Aquino said the aim of the Truth Commission is not to single out Arroyo but to uncover facts in the scandals that hounded her administration. "Hindi namin tinututukan isang tao. Ang tinututukan dito etong lahat ng alegasyon na ito. Sila ba hiwa-hiwalay na insidente o sila ba talagang ipinakita lang na may isang sistemang umiiral na naging kontra sa interes ng taong bayan (We are not singling out one person. What we are aiming here for are at all the allegations. Are these incidents isolated, or do they reveal a system that went against the interest of the people)?" he asked. Aquino said the Truth Commission, while focusing on the nine-year Arroyo administration, will give the innocent a chance to clear their names and pave the way for the government to prosecute the guilty. The president said his government is studying its options now that EO No. 1 has been declared unconstitutional. These include filing a motion for reconsideration and amending the order. Malacañang has 15 days to answer the ruling. According to Aquino, the Palace has not yet made a final decision on its next move since it only received a copy of the Supreme Court decision at 5:47 p.m. Wednesday. Voting 10-5, the Supreme Court on Tuesday declared that the Truth Commission is unconstitutional because it "violates the equal protection clause of the Constitution" for focusing on the Arroyo administration. Section 1, Article III of the 1987 Constitution provides that: "No person... shall be denied the equal protection of the laws." The majority who voted to junk EO No. 1 were: 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 Arroyo appointees. Those who dissented were Associate Justices Antonio Carpio, Conchita Carpio-Morales, Eduardo Nachura, Roberto Abad, and Ma. Lourdes Sereno. With the exception of Sereno, all those who dissented were also Arroyo appointees. Carpio-Morales, however, was the one who administered Aquino's oath-taking on June 30. Aquino signed EO No. 1 to "seek and find the truth on, and toward this end, investigate reports of graft and corruption" in the Arroyo administration. However, Arroyo's allies in 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. Shortlist of 20 scandals The Truth Commission in October revealed a shortlist of 20 corruption and cheating scandals being considered for investigation. These include:

1. The NBN-ZTE deal, which involved allegations of corruption in the awarding of a $329-million contract to the Chinese telecommunications firm ZTE for the government's proposed National Broadband Network (NBN) project. The ZTE contract was signed on April 20, 2007 in Hainan, China. Six months later, after news of alleged irregularities came out, then President Arroyo canceled the NBN project in October 2007. On July 14, 2008, the SC dismissed three petitions questioning the constitutionality of the deal, saying these became moot when the project was canceled.
2. The fertilizer fund scam, which involved accusations that former Agriculture Undersecretary Jocelyn "Jocjoc" Bolante diverted P728 million in fertilizer funds to Arroyo's 2004 election campaign.
3. The C-5 road controversy, which involved accusations that Senator Manuel Villar — real state developer, Forbes Magazine’s ninth richest Filipino in 2009 with a net worth of $530 million, and who was once Senate President — used his powers to realign the C-5 road project for the benefit of his companies. Villar denied any wrongdoing connected to the road project.
4. The "Hello Garci" election scandal, which was triggered by the release of recorded conversations between a woman perceived to be Arroyo and a man said to be former Elections Commissioner Virgilio Garcillano Jr. In the conversations, the two discussed the alleged padding of 2004 election returns in favor of Arroyo. The wiretapped conversations were later made public as digital files and tagged as "Hello Garci" tapes.

Option to expand the Truth body's mandate In the decision penned by Justice Mendoza, the SC suggested that an expansion of EO 1's scope to include cases under other past administrations may save the Truth Commission. "Perhaps a revision of the executive issuance so as to include the earlier past administrations would allow it to pass the test of reasonableness and not be an affront to the Constitution," the decision read. (See: SC: Revision of EO 1 may save Truth Commission) Curiously, the dissenting opinion penned by Justice Carpio used the same idea of expanding the truth body's mandate to argue that EO 1 did not violate the Constitution. “The President can expand the mandate of the Truth Commission to investigate alleged graft and corruption cases of other past administrations… EO 1 does not confine the mandate of the Truth Commission solely to alleged acts of graft and corruption during the Arroyo administration," the magistrate said in his dissenting opinion made public on Wednesday. Carpio added that EO 1 only “prioritizes" and does not confine the investigation of acts of graft and corruption that may have been committed during the past administration. (See: Dissenting SC justice: Truth body's probe not limited to Arroyo)—JV/VS, GMANews.TV