Lawmakers to PNoy: Use DOJ, Ombudsman, not Truth Commission

President Benigno Aquino III does not need the Truth Commission in his fight against graft and corruption, lawmakers said Friday. House minority leader Edcel Lagman and Bayan Muna Rep. Neri Colmenares said the President should instead turn to existing institutions, such as the Department of Justice and the Ombudsman, to file appropriate charges against corrupt officials. "President Aquino does not have to imprint his own logo in the campaign against corruption by inventing and saving an infirm 'Truth Commission'," Lagman said in a press statement. Lagman was among those whose petition was granted by the Supreme Court to nullify Executive Order 1, which created the Truth Commission for duplicating the functions of existing agencies and violating the equal protection clause by targeting only the controversies of the Arroyo administration. [See: Arroyo allies ask SC to void EO on Truth Commission] 'No need for duplicate agencies' "The Ombudsman and the DOJ are the existing institutions mandated by the Constitution and statutes to investigate and prosecute those who have committed venalities in government service," the lawmaker said. "The functions of these existing agencies need not be duplicated by the 'Truth Commission' even as the commission itself is tasked to secure the assistance of both the DOJ and the Ombudsman." Lagman added that the two agencies can discharge their functions within their jurisdictions independently of the commission. He said the DOJ and the Ombudsman need not even wait for the recommendations of the commission, which would, in any case, cease to exist on December 31, 2012. He said if the President is earnest in his avowed crusade, he should have immediately marshalled his administration's resources and filed complaints against the culprits. The Albay representative has referred to the Truth Commission as an "adventure in partisan hostility" and "a vehicle for vindictiveness and selective retribution." DOJ cases 'should now be pursued' Colmenares, in a separate statement, challenged the DOJ to act immediately on the cases filed against former President and current Pampanga Rep. Gloria Macapagal Arroyo. He said the SC ruling declaring the Truth Commission as unconstitutional was a victory for Arroyo because the investigation of graft and corruption charges against her has again been stalled. Militant groups have criticized the Truth Commission for being "toothless and limited" particularly as regards investigating allegations of human rights violations by the Arroyo administration. "Now that there will be no more Truth Commission, the cases filed with the DOJ should now be pursued. It's about time for the preliminary investigation to start against Arroyo for the NBN-ZTE scandal, fertilizer scam, and the like," Colmenares said. Aquino administration has what it needs He further said that the Aquino administration already has control of the documents and other pieces of evidence to pursue the cases of graft and corruption against the culprits. "It has the Department of Agrarian Reform and the Department of Agriculture to pursue the fertilizer scam. It has the Department of Transportation and Communication to pursue the case on NBN-ZTE deal. The point is, the government should act immediately on the long overdue cases of graft and corruption against Arroyo and other officials," the party-list representative said. Aquino ‘poorly served’ by legal advisers In a separate occasion also on Friday, Sen. Miriam Defensor-Santiago scored Aquino’s legal advisers as she agreed with the SC’s decision that EO 1 is unconstitutional. Speaking before a gathering at Centro Escolar University to mark International Human Rights Day, Santiago said only Congress has the Constitutional mandate to create a new agency. She said the issue on the equal protection clause, which the SC said is being violated by the Truth Commission, can still be ironed out if Congress enacts a corresponding law enabling the body's creation. “The President was poorly served by his legal advisers. He should get somebody who is an expert in Constitutional law," Santiago said in a newscast over GMA News’ “24 Oras". The senator, a former judge and widely considered as a legal expert, likewise said talk of impeaching Chief Justice Renato Corona following the SC decision is worrisome. Santiago added that those found to be spreading such rumors may be cited by the high court for contempt. “Kung ayaw natin pulitika niya, tanggalin natin? [If we don’t like his politics, we'll just remove him?] You can't do that. You will violate the independence of the judiciary. That would be very revolutionary. It would be extremely dangerous," Santiago said. “If we are going to destroy the judicial branch, then in effect we are signing our own death warrants," she added.– MRT/TJD/JV, GMANews.TV