NOY TO CONTINUE TO FIGHT FOR TRUTH COMMISSION / NOY LEGAL TEAM WEAK
MANILA, DECEMBER 10, 2010 (STAR) By Aurea Calica - Malacañang is determined to go after officials of the Arroyo administration accused of corruption and wrongdoing.
Executive Secretary Paquito Ochoa Jr. said the government will explore other options within the bounds of law to try and punish those who have enriched themselves while in office.
"The Supreme Court's decision on the constitutionality of Executive Order 1 will not deter us from pursuing measures necessary to look into the allegations of corruption in the previous administration," he said.
"While the decision may hamper and perhaps delay our efforts to obtain justice for the people, we remain steadfast in our commitment to scrutinize the numerous allegations and accusations in our quest for truth."
Presidential spokesman Edwin Lacierda said Malacañang would stand by the constitutionality of Executive Order 1.
"We believe that we have the right to establish the Truth Commission, and we will continue to fight for this through a motion for reconsideration," he said.
Lacierda said President Aquino has always been open to talking with Chief Justice Renato Corona about the judiciary's proposed budget for next year.
"We are waiting to explain but there were no representatives from the Supreme Court (SC) or the judges who are coming," he said.
Davide: Truth Commission will not stop working
Truth Commission Chairman Hilario Davide Jr. said they will continue working until the SC decides on the government's motion for reconsideration.
"Options are being considered to accomplish the objectives of the creation of the Truth Commission," he said.
Lawyer Carlos Medina, a member of the Truth Commission, said their mandate is to focus on specific wrongdoing but not on a specific person.
"The mandate of the Truth Commission is to look at massive cases of graft and corruption committed during 2001 to 2010, that does not mean specific people connected with the Arroyo administration only," he said.
The Truth Commission's desk at the Philippine International Convention Center has received new complaints.
It started reviewing a tentative list of 23 cases involving massive graft and corruption which could be investigated by the body.
The cases include the NBN-ZTE deal, "Hello, Garci" election fraud scandal and alleged irregularities committed during the Arroyo administration covering the period 2001 to 2010.
Lagman hails decision
House of Representatives Minority Leader Edcel Lagman hailed yesterday the SC ruling voiding the Truth Commission as "a signal triumph" of the rule of law.
In a statement, Lagman said the SC struck down the executive's incursions into the realm of legislative authority and protected the sanctity of civil liberties against governmental derogation.
"It must be reiterated that the petition was filed not to protect the officials of the Arroyo administration but to preserve the separation of powers between the executive and legislative departments and protect the people from unequal treatment of the government," he said.
"Partisan hostility and discrimination under the pretense of search for truth and closure cannot be legitimized."
Former President Gloria Macapagal-Arroyo had just arrived from Syria when the news broke out. She was expected last night to participate in the House session.
Zambales Rep. Milagros Magsaysay scoffed at suggestions that the decision came about because a majority of SC justices were Arroyo appointees.
"The SC based it on merits of the case," she said.
Negros Occidental Rep. Ignacio Arroyo, Arroyo's brother-in-law, said the formation of the Truth Commission was obviously politically motivated.
"The courts were established for things like this. Not only is it redundant but the commission can be misled for their own agenda."
However, Aquino's allies were unfazed by the latest setback of the administration and proposed ways for him to skirt the ruling.
House Majority Leader Neptali Gonzales II suggested that Aquino form a new multi-agency body through another executive order.
"The SC decision is a temporary setback," he said.
"I suggest he (Aquino) issue an EO creating a multi-agency task force to be composed of representatives from Department of Justice, the Office of the Ombudsman, the National Bureau of Investigation, and Philippine National Police to investigate, establish a prima facie case and thereafter recommend the filing of the appropriate charges against any person or persons who appear/s liable," he said.
Ilocos Norte Rep. Rodolfo Fariñas said he was sure the Palace will file a motion for reconsideration since five associate justices had dissented in the ruling.
"At any rate, if such is declared unconstitutional with finality, the President can always ask Congress to legislate it," he said
Quezon City Rep. Winston Castelo said the creation of the Truth Commission is "a thread from an official policy framework" espoused by Aquino.
"Unfortunately, the SC misread the intention (of the Aquino administration) and found more legal technicalities than ferreting out the truth," he said.
DND: We will continue to run after erring military officials
The voiding of the Truth Commission will not stop the Department of National Defense (DND) from running after erring military officers and personnel.
Defense spokesman Eduardo Batac said a Truth Commission is not needed to promote accountability in the Armed Forces and the DND.
"We do not see it (ruling) as a constraint because we can go on with the pursuit of any reforms and go after abusive AFP (Armed Forces of the Philippines) and defense personnel even without the Truth Commission," he said.
"It (holding erring military personnel accountable) is a guiding policy laid out by both the President and the secretary of national defense, so with or without the Truth Commission we will pursue this policy."
"In the pursuit of reforms and correcting abusive people and erring personnel, we don't really need truth commission for that."
Bayan: Decision favors Arroyo
Bagong Alyansang Makabayan (Bayan) said the SC decision appears to benefit former president Arroyo.
Bayan secretary-general Renato Reyes said the decision makes it difficult to make Arroyo accountable even when she is no longer in power.
"The Truth Commission decision was preceded by other decisions involving Arroyo's midnight appointments and a status quo order on the impeachment case vs. the Ombudsman," he said.
"If this trend continues, and extends to the Ombudsman impeachment case also pending before the SC, there will be fewer avenues to make Arroyo accountable.
"Both the Truth Commission (with its limitations) and the Ombudsman (with its constitutional mandate) are supposed to investigate corruption cases."
Reyes said efforts to make Arroyo accountable continue to encounter increasing obstacles.
"This should serve as a challenge to the Aquino administration to make a more determined effort in going after the former president and her cohorts involved in gross corruption and human-rights violations," he said.
"It is also a challenge to the various anti-Arroyo groups and personalities, to unite and persevere in holding to account the past president."
Aquino: a 'setback'
Aquino appeared displeased yesterday when asked about the SC decision voiding the Truth Commission.
Speaking to The STAR, Aquino lamented the SC decision as a "setback" for the government's policy of transparency and
accountability.
"I cannot comment on something I haven't read," a visibly irked Aquino said.
Aquino gave a short speech during the groundbreaking ceremonies for the P200-million Medical City project in Clark Field, Pampanga.
Budget Secretary Florencio Abad said Aquino learned about the SC decision while he was in Pangasinan to inaugurate core shelters for typhoon victims.
Joker: Executive-judiciary crisis looms
Sen. Joker Arroyo warned yesterday of a looming crisis between the executive and the judiciary after the SC voided the Truth Commission.
"But what worries me is that with this decision of the Supreme Court plus the decision of the trial judges who wore black band, and then expressing their dissatisfaction over the reduction of their budget, it would seem that there might be some kind of a collision course between the executive and the judiciary and that is very unfortunate," he said.
"So you have the SC ruling as unconstitutional the very first EO of President Noynoy and the judges, they expressed their digression. So let's hope that this doesn't get worse. The worst thing that can happen is for the judiciary and the President to be at odds."
Malacañang has many other avenues to bring its complaints against former president Arroyo, Senator Arroyo said.
Meanwhile, Senate President Juan Ponce Enrile said the Palace should strengthen its legal staff because Aquino is not a lawyer.
"They have to provide him with the best legal advise because every decision of the President, most of it, has legal implications," he said.
Aquino cannot create an office just like that and appropriate money for it, Enrile said.
Congress is appropriating P 83 million for the Truth Commission, but lawmakers have yet to decide what to do with the appropriations after the SC decision.
Meanwhile, Sen. Franklin Drilon called the SC decision a setback to the Aquino administration's campaign against graft and corruption.
"But this legal setback should not deter President Aquino from exhausting all legal means to make public officials answerable to allegations of graft and corruption in the Arroyo administration," he said.
"Clearly, this decision is one of the many legal obstacles laid down by the Arroyo administration to prevent the former administration from being made to answer to the Filipino people for its abuses and and excesses.
"Its putting in place nearly 1,000 midnight appointees to key government positions is another example of that attempt to suppress public accountability," he added. With Paolo Romero, Pia Lee-Brago, Christina Mendez, Ding Cervantes, Alexis Romero, Rhodina Villanueva
Palace legal team weak, needs help - Miriam By Marvin Sy (The Philippine Star) Updated December 12, 2010 12:00 AM Comments (16)
MANILA, Philippines – Sen. Miriam Defensor-Santiago said the setbacks in the courts suffered by Malacañang in its first few months in office proves that its legal team is weak and needs help.
Reacting to the ruling of the Supreme Court that President Aquino's Executive Order No. 1 creating the Truth Commission was unconstitutional, Santiago said the Palace legal team "is inadequate in legal education."
The senator did not blame Executive Secretary Paquito Ochoa Jr. for the legal setbacks since it is not his job to ensure the directives and issuances of the President are legally sound.
"He's only Executive Secretary. He's not the gatekeeper of legal issues in the administration. That function is undertaken by the legal counsel or legal adviser of the President or by the Secretary of Justice," Santiago said.
"But it looks to us that the Secretary of Justice is too engrossed with operational details," she added.
Santiago said President Aquino should not be derided over his judicial defeat, because he is learning on the job and he is handicapped by the lack of a legal adviser with expertise in constitutional law.
"Most Supreme Court decisions turn on a constitutional issue, and logic dictates that President Aquino should have a topnotch constitutionalist in his staff. Of his present lawyers, I would merely say that their doctrinal foundations are horribly inadequate," she said.
Santiago suggested that the President tap the services of an expert in international and constitutional law such as retired Supreme Court justice Florentino Feliciano to beef up his current legal team.
"He is not only globally recognized as an expert in international law but is also the leading constitutional expert in our country," she said.
Apart from the E.O. 1 case, Malacañang's first ever issuance, Memorandum Circular No. 1, which terminated the employment of all non-career service officers in government, had to be retracted a day after it was issued because it caused widespread confusion in the bureaucracy.
Executive Order No. 2, which revoked all the alleged midnight appointees of former President Gloria Macapagal-Arroyo, was also challenged in court by a number of the affected officials and in the case of National Commission on Muslim Filipinos Secretary Bai Omera Dinalan-Lucman, the Supreme Court issued a status quo ante order, which allowed her to keep her post.
Malacañang also recalled another recent executive issuance, Proclamation No. 50, or the grant of amnesty to the participants of uprisings against the Arroyo administration, after members of the House of Representatives found legal infirmities.
Sen. Joker Arroyo, for his part, advised the Palace to move on with the E.O. 1 case if it is intent on going after the alleged anomalies committed by the previous president.
He said the Palace should not consider the Truth Commission as the only way to successfully prosecute the former president because it already has all the resources at its fingers to help it in its cause.
"This helplessness is ridiculously absurd. The President has control over the entire executive branch of the government," Arroyo said.
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