CONSTITUTIONALITY OF 'TRUTH COMMISSION' RAISED ANEW
MANILA, OCTOBER 18, 2010 (STAR) By Christina Mendez - Truth body replicating powers of Ombudsman'/
Sen. Miriam Defensor-Santiago again raised the question on the constitutionality of Executive Order 1 that created the Truth Commission.
"They are all ready but the big problem is the constitutionality issue in the Supreme Court where it is still resting and second, they don't have a budget," Santiago said over radio station dzBB.
Santiago said the Truth Commission is merely replicating the functions of the Office of the Ombudsman.
Santiago said the Truth Commission was created to go after former President Gloria Macapagal-Arroyo and Sen. Manuel Villar Jr. who ran and lost to President Aquino in the last elections.
Santiago, a veteran constitutionalist, said another stumbling block for the commission is that it has no power to issue subpoenas because that power belongs to the judicial branch.
Mr. Aquino or the members of the Truth Commission cannot subpoena anyone unless there is a law given by Congress to the President to issue the power of subpoena, the senator said.
Santiago said the Truth Commission has a very limited power and that its decisions would be recommendatory in nature.
She said the constitutional loophole of the Truth Commission is that the agency would operate without appropriations for a new office and staff members.
Congress should first approve the budget for the new commission, Santiago said.
FROM THE DAILY TRIBUNE
Truth body's findings won't stand in court By Angie M. Rosales 10/18/2010
(TRIBUNE) The recently activated Philippine Truth Commission (PTC) lacks a legal personality and its creation is against the Constitution, which are reasons that may deny the body's findings a leg to stand on in the courts, a senator said yesterday even as the fact-finding body began its task of investigating irregularities committed under the previous administration.
Sen. Miriam Defensor-Santiago yesterday expressed reservations whether the findings and recommendations of the body will be able to stand in court.
In a radio interview, Santiago said there's no constitutional authority allowing the Executive Branch to create bodies like the PTC.
"They created a body that will only prove to be
problematic," she added.
It was set up mainly not only to go after alleged wrong doings of former president and now Pampanga Rep. Gloria Macapagal-Arroyo and her husband, former First Gentleman Jose Miguel "Mike" Arroyo but also Sen. Manuel Villar Jr., she said.
The matter of the C-5 controversy, the issue on the supposed questionable funding provided by Villar in the construction of the C-5 road extension project, is among those reported to be subjected for inquiry by the PTC.
"It was made not only for Arroyo and Villar but because they think the Arroyo couple still have a hand over the (Office of the) Ombudsman. That's why it was put up, that's why they put up a body that is unconstitutional," Santiago said.
Former Supreme Court Chief Justice Hilario Davide Jr. who now sits as PTC chairman is holding on to the position that since the high court had not yet acted on the motions filed by opponents of EO 1, composed mostly of Arroyo's allies led by Albay Rep. Edcel Lagman, nothing should stop the commission from executing its functions.
"The question is, what will happen to the results of its investigations? How is it going to be treated?" asked Santiago, who is a noted constitutionalist.
Furthermore, the senator also pointed out the apparent duplication of the work of the commission as most of those now being lined up for investigation, have been taken up in the past congressional inquiries.
"That Truth Commission seems to have been given a shotgun and in the process, does not care who it hits," she said.
"They have been given the green light to start performing their job. One of their biggest hurdles is the constitutionality issue in the SC where it is still resting and secondly, its funding.
"Malacanang is not providing then any funding. They have have a budget, how are they going to pay for the salary of their clerks, those answering their phone lines or even those who will receive the documents?
"This commission is like duplicating the function of the Ombudsman, anybody can go to them and file corruption cases as provided in the Executive order (creating the PTC), corruption of such unconscionable proportion or something like that," she said.
The other day, the Palace said the PTC will not be impeded by the Constitutionality question and said it will proceed with its mandated work unless the Supreme Court issues a restraint order.
Deputy presidential spokeswoman Abigail Valte said the truth body should start working because of the limited time period of only two years it was given to complete its mission.
The PTC was created through Executive Order 1 that Malacanang released last July 30. It will probe allegations of corruption and irregularities of the previous administration, citing former President and now Pampanga Rep. Gloria Arroyo as its top respondent along with other past officials who were suspected to have been involved in cases of corruption.
"We all know that there is a pending challenge on the constitutionality of the Executive Order creating the Philippine Truth Commission. But that, in itself, we should (consider) the statement made by one of our commissioners (in the PTC) and I think former Chief Justice Davide mentioned it also that we cannot let this issue to bog their work down," Valte said.
"The PTC is ready to begin its work. We cannot let their work get stalled in the absence of the (court's) TRO (temporary restraining order)," Valte said.
Not only Arroyo's allies have scored Aquino's EO 1 but the other lawmakers, legal luminaries, and critics as well owing to the fact that the PTC does not have the enough teeth to successfully prosecute those who will be held accountable through their investigations.
Upper chamber solons led by Senator Joker Arroyo fear that the PTC would eventually become toothless because its findings are merely recommendatory and might only suffer the same fate as that of the Incident Investigation and Review Committee (IIRC) whose recommendations on the liabilities of those involved in the August 23 hostage rescue fiasco have been watered down by Malacanang at the President's behest.
Valte added that the truth body will be given P80-million to fund its pursuits as she expressed lack of knowledge on the reported statement by the PTC commissioners that they currently working for the government on 'pro bono' status.
"As far as I know, they will be given a budget because it was discussed in our previous budget hearings at the Congress under [the items listed in the budget of] the Office of the President. But as far as the compensation of the actual commissioners is concerned, I'm not aware if they are to receive compensation for that. I will have to check first," Valte explained.
The Truth Commission have, thus far, counted more than 20 corruption scandals which will include the controversial C-5 road, the National Broadband Network (NBN)-ZTE deal and the multi-million peso fertilizer fund scam that transpired during the past administration among the cases it will look into.
Commissioner Carlos Medina, a law professor of Ateneo Law School, said the mandate of the commission is to look at graft and corruption committed during the past administration even the former President Gloria Macapagal-Arroyo was not involve as long as the act transpired in the past regime which include the C-5 road controversy.
Aquino issued Executive Order no. 1 which created the Truth Commission that was tasked to investigate the alleged corruption issues in the past government.
Aside from Davide and Medina, the other members of the Truth Commission were retired Supreme Court Associate Justice Romeo Callejo Jr., retired SC Associate Justice Flerida Ruth Romero and former Ateneo Law School professor Menardo Guevarra.
----------------------------------------------------------
© Copyright, 2010 by PHILIPPINE HEADLINE NEWS ONLINE
All rights reserved
----------------------------------------------------------
PHILIPPINE HEADLINE NEWS ONLINE [PHNO] WEBSITE
CONSTITUTIONALITY OF 'TRUTH COMMISSION' RAISED ANEW
MANILA, OCTOBER 18, 2010 (STAR) By Christina Mendez - Truth body replicating powers of Ombudsman'/
Sen. Miriam Defensor-Santiago again raised the question on the constitutionality of Executive Order 1 that created the Truth Commission.
"They are all ready but the big problem is the constitutionality issue in the Supreme Court where it is still resting and second, they don't have a budget," Santiago said over radio station dzBB.
Santiago said the Truth Commission is merely replicating the functions of the Office of the Ombudsman.
Santiago said the Truth Commission was created to go after former President Gloria Macapagal-Arroyo and Sen. Manuel Villar Jr. who ran and lost to President Aquino in the last elections.
Santiago, a veteran constitutionalist, said another stumbling block for the commission is that it has no power to issue subpoenas because that power belongs to the judicial branch.
Mr. Aquino or the members of the Truth Commission cannot subpoena anyone unless there is a law given by Congress to the President to issue the power of subpoena, the senator said.
Santiago said the Truth Commission has a very limited power and that its decisions would be recommendatory in nature.
She said the constitutional loophole of the Truth Commission is that the agency would operate without appropriations for a new office and staff members.
Congress should first approve the budget for the new commission, Santiago said.
FROM THE DAILY TRIBUNE
Truth body's findings won't stand in court By Angie M. Rosales 10/18/2010
(TRIBUNE) The recently activated Philippine Truth Commission (PTC) lacks a legal personality and its creation is against the Constitution, which are reasons that may deny the body's findings a leg to stand on in the courts, a senator said yesterday even as the fact-finding body began its task of investigating irregularities committed under the previous administration.
Sen. Miriam Defensor-Santiago yesterday expressed reservations whether the findings and recommendations of the body will be able to stand in court.
In a radio interview, Santiago said there's no constitutional authority allowing the Executive Branch to create bodies like the PTC.
"They created a body that will only prove to be
problematic," she added.
It was set up mainly not only to go after alleged wrong doings of former president and now Pampanga Rep. Gloria Macapagal-Arroyo and her husband, former First Gentleman Jose Miguel "Mike" Arroyo but also Sen. Manuel Villar Jr., she said.
The matter of the C-5 controversy, the issue on the supposed questionable funding provided by Villar in the construction of the C-5 road extension project, is among those reported to be subjected for inquiry by the PTC.
"It was made not only for Arroyo and Villar but because they think the Arroyo couple still have a hand over the (Office of the) Ombudsman. That's why it was put up, that's why they put up a body that is unconstitutional," Santiago said.
Former Supreme Court Chief Justice Hilario Davide Jr. who now sits as PTC chairman is holding on to the position that since the high court had not yet acted on the motions filed by opponents of EO 1, composed mostly of Arroyo's allies led by Albay Rep. Edcel Lagman, nothing should stop the commission from executing its functions.
"The question is, what will happen to the results of its investigations? How is it going to be treated?" asked Santiago, who is a noted constitutionalist.
Furthermore, the senator also pointed out the apparent duplication of the work of the commission as most of those now being lined up for investigation, have been taken up in the past congressional inquiries.
"That Truth Commission seems to have been given a shotgun and in the process, does not care who it hits," she said.
"They have been given the green light to start performing their job. One of their biggest hurdles is the constitutionality issue in the SC where it is still resting and secondly, its funding.
"Malacanang is not providing then any funding. They have have a budget, how are they going to pay for the salary of their clerks, those answering their phone lines or even those who will receive the documents?
"This commission is like duplicating the function of the Ombudsman, anybody can go to them and file corruption cases as provided in the Executive order (creating the PTC), corruption of such unconscionable proportion or something like that," she said.
The other day, the Palace said the PTC will not be impeded by the Constitutionality question and said it will proceed with its mandated work unless the Supreme Court issues a restraint order.
Deputy presidential spokeswoman Abigail Valte said the truth body should start working because of the limited time period of only two years it was given to complete its mission.
The PTC was created through Executive Order 1 that Malacanang released last July 30. It will probe allegations of corruption and irregularities of the previous administration, citing former President and now Pampanga Rep. Gloria Arroyo as its top respondent along with other past officials who were suspected to have been involved in cases of corruption.
"We all know that there is a pending challenge on the constitutionality of the Executive Order creating the Philippine Truth Commission. But that, in itself, we should (consider) the statement made by one of our commissioners (in the PTC) and I think former Chief Justice Davide mentioned it also that we cannot let this issue to bog their work down," Valte said.
"The PTC is ready to begin its work. We cannot let their work get stalled in the absence of the (court's) TRO (temporary restraining order)," Valte said.
Not only Arroyo's allies have scored Aquino's EO 1 but the other lawmakers, legal luminaries, and critics as well owing to the fact that the PTC does not have the enough teeth to successfully prosecute those who will be held accountable through their investigations.
Upper chamber solons led by Senator Joker Arroyo fear that the PTC would eventually become toothless because its findings are merely recommendatory and might only suffer the same fate as that of the Incident Investigation and Review Committee (IIRC) whose recommendations on the liabilities of those involved in the August 23 hostage rescue fiasco have been watered down by Malacanang at the President's behest.
Valte added that the truth body will be given P80-million to fund its pursuits as she expressed lack of knowledge on the reported statement by the PTC commissioners that they currently working for the government on 'pro bono' status.
"As far as I know, they will be given a budget because it was discussed in our previous budget hearings at the Congress under [the items listed in the budget of] the Office of the President. But as far as the compensation of the actual commissioners is concerned, I'm not aware if they are to receive compensation for that. I will have to check first," Valte explained.
The Truth Commission have, thus far, counted more than 20 corruption scandals which will include the controversial C-5 road, the National Broadband Network (NBN)-ZTE deal and the multi-million peso fertilizer fund scam that transpired during the past administration among the cases it will look into.
Commissioner Carlos Medina, a law professor of Ateneo Law School, said the mandate of the commission is to look at graft and corruption committed during the past administration even the former President Gloria Macapagal-Arroyo was not involve as long as the act transpired in the past regime which include the C-5 road controversy.
Aquino issued Executive Order no. 1 which created the Truth Commission that was tasked to investigate the alleged corruption issues in the past government.
Aside from Davide and Medina, the other members of the Truth Commission were retired Supreme Court Associate Justice Romeo Callejo Jr., retired SC Associate Justice Flerida Ruth Romero and former Ateneo Law School professor Menardo Guevarra.
----------------------------------------------------------
© Copyright, 2010 by PHILIPPINE HEADLINE NEWS ONLINE
All rights reserved
----------------------------------------------------------
PHILIPPINE HEADLINE NEWS ONLINE [PHNO] WEBSITE
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leequesada@hotmail.com
www.newsflash.org
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