Arroyo camp scores anew in legal war vs truth body

The Supreme Court has denied the government’s bid to have an oral argument set for the constitutional issues hounding President Benigno Aquino III’s order to create a panel that would investigate the alleged abuses of the Arroyo administration. In a two-page resolution, the SC also denied the motion filed by Solicitor General Jose Anselmo Cadiz asking the high court to appoint an “amicus curiae" (friend of the court) to assist in resolving the motion for reconsideration filed assailing the SC’s Dec. 7, 2010 decision declaring the Truth Commission unconstitutional. “The Court resolved to deny the motions to appoint an amici curiae and to allow oral argument in support of the motion for reconsideration dated January 14, 2011 filed by the [Office of Solicitor General] for respondents Executive Secretary Paquito Ochoa, Jr., Department of Budget and Management Secretary Florencio Abad and the Philippine Truth Commission of 2010," the Court ruled. In its Dec. 7 decision, the SC, voting 10-5, ruled that Aquino’s Executive Order No. 1 violated the equal protection clause as it supposedly singles out the Arroyo administration for the fact-finding investigation. Among the issues that the body was supposed to look into are the $329-million NBN-ZTE controversy, the P729-million fertilizer fund scam, and the “Hello, Garci" scandal where former President Gloria Macapagal-Arroyo was accused of election fraud. Separate petitions assailing EO 1 were filed by businessman Louis Biraogo, and Arroyo’s allies at the House of Representatives led by House Minority Leader Rep. Edcel Lagman. In his motion seeking oral arguments on the case, Cadiz said the appointment of an amicus curiae is necessary “to ensure that the parties’ positions are fully elucidated" before the SC makes its final ruling on the constitutionality of the Truth Commission. Government lawyers argued that EO 1 does not violate the equal protection clause because “the plain language of executive order shows that there is no intent to unfairly discriminate against the previous administration." Cadiz said the Truth Commission, which is headed by retired Chief Justice Hilario Davide Jr., only intended to look into questionable transactions in the Arroyo administration and not specific individuals. — KBK, GMA News