7/28/2019 The Philippine Truth Commission of 2010

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The Philippine Truth Commission of 2010

Facts:

On July 30, 2010, President Benigno Aquino III signed Executive Order No. 1 establishing the

Philippine Truth Commission of 2010. It is an entity under the Office of the President that is formed to

investigate graft and corruption reports and to submit recommendations based on the fact-finding procedures tothe President. Two cases assailed the validity and constitutionality of Executive Order No. 1. The first case is a

special civil action for prohibition instituted by petitioner Louis Biraogo. The second case is a special civil

action for certiorari and prohibition filed by Lagman, Albano, Jr., Datumanong, and Fua, Sr.

Issue:

WON the petitioners have the legal standing to file their respective petitions and question Executive Order

No. 1

WON Executive Order No. 1 violates the principle of separation of powers by usurping the powers of

Congress to create and to appropriate funds for public offices, agencies and commissions

WON Executive Order No. 1 supplants the powers of the Ombudsman and the DOJ

WON Executive Order No. 1 violates the equal protection clause; and WON petitioners are entitled to injunctive relief

Held:

Petitions are granted. Executive Order No. 1 is declared unconstitutional as it is violative of the equal

protection clause of the Constitution.

Ratio:

Legal standing of the petitioners

The petition covers matters of transcendental importance to justify the exercise of jurisdiction by the court.There are constitutional issues in the petition which deserve the attention of the court in view of their

seriousness, novelty, and weight as precedents

Power of the President to create the Truth Commission

The creation of the PTC finds justification under Section 17, Article VII of the Constitution which states that:The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the

laws be faithfully executed. One of the recognized powers of the President granted pursuant to his duty is the

power to create ad hoc committees. This allows inquiry into matters which the President is entitled to know.

Furthermore, there is no appropriation of funds but only allocations of existing funds.

Power of the Truth Commission to investigate

The PTC has the power to investigate, not the power to adjudicate. The Ombudsmans power to investigateunder R.A. No. 6670 is not exclusive but is shared with other similarly organized agencies.

Violation of the Equal Protection Clause

The Executive Order violates the equal protection clause enshrined in Section 1, Article III of the Bill of

Rights which states that No person shall be deprived of life, liberty, or property without due process of law,

nor shall any person be denied the equal protection of the laws. There is an intent to single out the previous

administration with unreasonable classification.