SC: TRUTH COMMISSION UNCONSTITUTIONAL / PMA DOCTORS TO NOY: QUIT SMOKING
MANILA, JULY 27, 2011 (BULLETIN) By REY G. PANALIGAN — The Supreme Court (SC) Tuesday declared final its ruling on the unconstitutionality of Executive Order No. 1 that created the Truth Commission to investigate alleged anomalies during the nine-year term of former President and now Pampanga Representative Gloria Macapagal Arroyo.
In a resolution issued after its full court session, the SC denied with finality the motion for reconsideration filed by the Office of the Solicitor General (OSG) for its failure to raise new and substantial arguments.
EO No. 1 was declared unconstitutional in December last year because it violated the equal-protection clause enshrined in the Constitution and it singled out alleged anomalies during the last administration.
SC Spokesman and Court Administrator Jose Midas P. Marquez said the SC voted 10-3 in denying the OSG's motion for reconsideration.
"A second motion for reconsideration will no longer be entertained because such pleading is prohibited under the rules of court," Marquez said.
Last year, 10 justices voted to declare unconstitutional EO No. 1. The decision was written by Justice Jose Catral Mendoza. Chief Justice Reynato C. Corona and Justices Teresita Leonardo de Castro, Arturo D. Brion, Presbitero J. Velasco Jr. Diosdado M. Peralta, Lucas P. Bersamin, Mariano C. del Castillo, Martin S. Villarama Jr. and Jose Portugal Perez concurred in the decision.
Those who dissented were Justices Antonio C. Carpio, the now Ombudsman Conchita Carpio Morales who retired June 19, now retired Antonio Eduardo B. Nachura, Roberto A. Abad, and Ma. Lourdes A. Sereno.
The voting in the resolution of the OSG's motion for reconsideration became 10-3 with the retirement of Morales and Nachura.
In its decision last year, the SC pointed out that Malacañang should have included previous administrations in the coverage of EO No. 1.
"Not to include past administrations similarly situated constitutes arbitrariness which the equal protection clause cannot sanction. Such discriminating differentiation clearly reverberates to label the commission as a vehicle for vindictiveness and selective retribution," the SC said.
"The Court, in exercising its power of judicial review, is not imposing its own will upon a co-equal body but rather simply making sure that any act of government is done in consonance with the authorities and rights allocated to it by the Constitution," it stressed.
At the same time, the SC said that while "most government actions are inspired with noble intentions, all geared towards the betterment of the nation and its people... it is important to remember the end does not justify the means."
"No matter how noble and worthy of admiration the purpose of an act, but if the means to be employed in accomplishing it is simply irreconcilable with constitutional parameters, then it cannot still be allowed. The Court cannot just turn a blind eye and simply let it pass. It will continue to uphold the Constitution and its enshrined principles," the SC said.
"Of all the branches of the government, it is the judiciary which is the most interested in knowing the truth and so it will not allow itself to be a hindrance or obstacle to its attainment. It must, however, be emphasized that the search for the truth must be within constitutional bounds for "ours is still a government of laws and not of men," it added.
Quit smoking, doctors advise Aquino By JENNY F. MANONGDO July 26, 2011, 12:38pm
MANILA, Philippines — Doctors repeated Monday their call to President Aquino to support the global campaign against smoking as they revealed that one in every two Filipino smokers dies due to tobacco-related diseases.
In a statement sent to the press before the President made his second State of the Nation Address, Philippine Medical Association (PMA) President Dr. Oscar D. Tinio said Aquino should quit smoking as he promised earlier.
"The President of the Republic has the duty to safeguard his health as well as that of our people. The health of our President is of utmost importance since his position is extremely sensitive and crucial to the state of our nation. Thus even the Constitution points out that the public has to be informed about the state of the President's health in case he is suffering from a serious illness. We believe at this time the President is already aware of the killing effects of smoking since he himself promised to quit this life-threatening habit at the appropriate time," Tinio said.
The PMA chief said the President's smoking habit is affecting the tobacco control program of the government as well as the programs connected to the country's commitment to the World Health Organization-Framework Convention on Tobacco Control (WHO-FCTC) that entails anti-tobacco measures.
"The PMA therefore challenges our beloved President to prove these rumblings wrong by solidly pushing for stronger government tobacco control measures now, even as he struggles to end his smoking or until that promised appropriate time comes," Tinio said.
PMA recently mounted a solidarity run against smoking led by running priest Fr. Robert Reyes and retired Maj. Gen. Danilo Lim.
The run was participated in by citizens from various sectors who demanded a "smoke-free" Philippines as they ran from Quezon City Elliptical circle and commenced at the PMA headquarters on North Avenue, Quezon City. Tinio described the run as "people-power like."
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