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SC exec to Aquino: Previous commissions never questioned in court


After President Benigno Simeon Aquino III questioned why his Truth Commission was singled out as "unconstitutional," an executive of the Supreme Court (SC) said the previous fact-finding bodies were never questioned in court. In a statement issued on Thursday, SC spokesman and administrator Jose Midas Marquez said there was no basis for comparison because similar commissions under previous administrations were never questioned in court. "It is quite difficult to compare the Truth Commission with previous presidential committees , more so if their creation were never questioned in court," said Marquez. Aquino and the SC have been at odds on different issues. On Monday, Aquino said the biggest challenges that his six-month administration faced so far were its differences with the judiciary. Malacañang criticized the 15 members of the Supreme Court (SC), 14 of whom are appointees of former President Gloria Macapagal Arroyo, for deciding against the Aquino administration on a number of issues, including Aquino's Executive Order (EO) No. 1. Aquino sought an explanation on why the SC voided his Executive Order No. 1, which creates the Truth Commission, the body that was supposed to investigate corruption and election cheating scandals during Arroyo’s nine-year rule. Aquino on Thursday said while he may not be a lawyer, he understands that his Truth Commission is no different from previous fact-finding bodies. "So yung sasabihin nila na hindi ako abogado kaya hindi ko naiintindihan, pero papaano nagiging iba yun sa mga umiiral bago sa amin?" asked the president. (So other people are saying that I am not a lawyer that's why I don't understand these things, but how is the Truth Commission any different from the other commisions that preceded it?) Marquez, however, said neither the SC nor its spokesman are duty-bound to explain court decisions which should speak for themselves. Marquez added that the president's legal team should do the explanation for him. "It is not a function of the Court, or its spokesman, to explain its ruling beyond its written decision. I have great admiration and confidence in the presidential legal team. I am certain they can explain these fairly simple nuances to the president, who need not be a laywer," said Marquez. He likewise reminded the president of the separation of powers between the executive branch and the judiciary. "Different branches of government have different roles to play, and we have to respect each of them, in their exercise of their respective constitutional duties and mandates. We have the highest respect for the President and the institution he represents. We have to adhere to his policies on governance. That is his jurisdiction," said Marquez. "In the same manner, the judiciary needs to decide cases in accordance with its understanding of the same constitutional provisions and principles. This too, will have to be respected, rather than impugned," he added. Previous commissions As Aquino cited his administration's differences with the SC, he mentioned former President Joseph Estrada’s Saguisag commission, which investigated the Centennial Expo issue of the Ramos administration, and at least five fact-finding bodies that Arroyo formed during her term. "There are allegations of widespread corruption and we did come up with the same (commission), pati terminology, a commission to study and submit recommendations... So kami, nang ginagawa naming yan, palagay naming merong kaming precedents na nandiyan na," Aquino told reporters on Thursday. (There are allegations of widespread corruption and we did come up with the same commission, with even the same terminology, to study and submit recommendations. So on our part, when we were forming the Truth Commission, we thought we had precedents.) – VVP, GMANews.TV