Truth body faces legal challenge

MANILA, Philippines - Opposition lawmakers in the House of Representatives will challenge the legality of the Truth Commission, House Minority Leader Edcel Lagman said yesterday.

Lagman said the opposition bloc is planning to file a petition questioning the constitutionality of the Truth Commission that has been tasked to investigate anomalies and irregularities allegedly committed during the administration of former President Gloria Macapagal-Arroyo.

Arroyo, according to her spokesperson Elena Bautista-Horn, remained unfazed by the move to create the Truth Commission and said they had already anticipated it and vowed to cooperate with the investigation.

Arroyo is scheduled to attend her first session tomorrow as representative of Pampanga’s second congressional district.

Lagman said the Truth Commission created by President Aquino needs a law in order to be effective.

He described the Truth Commission as “constitutionally infirm” since it would need an action from Congress to carry out its mandate of investigating the supposed anomalies and irregularities of the previous administration.

President Aquino formed the Truth Commission, which he said would put “closure” to the allegations of graft and corruption against Arroyo and her officials during her nine-year administration.

Mr. Aquino signed Executive Order No. 1 on Friday, creating the five-man commission that will “investigate allegations of anomalies during the last nine years” of the Arroyo administration.

Mr. Aquino yesterday said the Truth Commission would be fully independent, and he would leave it up to the Commission to decide whether it would summon Arroyo.

“What’s important to me is that it will be independent. I would want to ensure that there is no doubt as to the credibility of their final output. So, I cannot decide if they need to summon and what avenues they will go through, and what areas specifically to start with. We gave them the mandate to uncover the truth in all issues,” he said.

The President said he would rather allow former chief justice Hilario Davide to name the members of the commission.

He explained the Truth Commission would have the power to subpoena witnesses and documents, declare possible state witnesses and call on any government or prosecutorial agency for assistance.

Lacking authority

Lagman, however, said the petition to question the legality of Executive Order No. 1 was not meant to protect erring officials of the Arroyo administration.

“The projected court action is not to shield officials of the previous administration who can be indicted and tried before existing prosecutorial and judicial bodies,” Lagman said.

“The sole purpose of the judicial recourse (petition) is to uphold the sanctity of the Constitution on separation of powers and maintain the rule of law,” he said.

Lagman said Congress must enact a law that would legalize the Truth Commission and give it powers and functions as well as funding to enable it to carry out its mandate.

He said the Truth Commission was only created by an executive order that lacked the necessary prosecutory powers like the Presidential Commission on Good Government (PCGG), created by the late President Corazon Aquino to go after the ill-gotten wealth of the Marcoses and their cronies without necessarily going to the courts.

Although the PCGG was created by an executive order, Lagman said the agency virtually had legislative imprimatur since Mrs. Aquino at that time was acting under the Freedom Constitution of the revolutionary government in 1986 when she took over from the late dictator Ferdinand Marcos.

Even the Agrava Commission that investigated the assassination of the late senator Benigno Aquino Jr. in 1983 was legal, according to Lagman.

He said Marcos, who also exercised legislative and executive powers during the martial law regime, authorized the Agrava Commission.

But the Truth Commission created by Mr. Aquino, Lagman said, lacks congressional approval, thus casting doubts on the legality of its creation.

He said Mr. Aquino does not have funding authority like Congress, pointing out Section 11 of EO No. 1.

“(It) lacks particularity and transparency because no specific amount is appropriated, except by a nebulous statement that ‘the Office of the President shall provide the necessary funds for the Commission’ without identifying the definitive funding source,” Lagman said.

He said the creation and funding of agencies and commissions is a legislative function that could not be substituted by a mere executive fiat.

Lagman added that the Truth Commission violates the equal protection clause of the Constitution since it targets a specific group for its investigation.

Lagman expressed fears that the creation of the Truth Commission formed part of the retributory action of Mr. Aquino against his predecessor.

He said the commission was created only to put Arroyo and her officials on trial by publicity.

“This inordinately long duration granted to the (Truth) Commission to terminate its investigation gives rise to apprehensions that (it) will be used as a launching pad for trial and conviction by publicity of expected respondents,” Lagman said.

He said the investigation would be fully covered by media, thus exposing Arroyo and her former officials to trial by publicity.

Quezon Rep. Danilo Suarez said the Truth Commission could be used as a political tool to discredit opposition candidates identified with Arroyo.

“This Commission (is) aimed at looking for anomalies, so you expect it to be one-sided,” he said.

One focus only

Lagman also argued that the Truth Commission would be duplicating the mandate of the Ombudsman and the Sandiganbayan against graft and corruption.

Lagman said there are already laws against graft and corruption that can be enforced against any erring official before the Ombudsman or the Department of Justice.

Lagman added that the main purpose of the truth commissions in other countries was only to investigate human rights abuses.

Militant groups led by Bagong Alyansang Makabayan (Bayan) agreed that the primary task of the Truth Commission should be to investigate human rights abuses committed during the Arroyo administration.

Renato Reyes of Bayan lamented the human rights issue against the Arroyo administration has not been included in the creation of the Truth Commission.

“While we recognize efforts to make Mrs. Arroyo ultimately accountable for election fraud and large-scale corruption, we believe that the gross and systematic human rights violations committed by the past regime should also be given the much-needed attention they deserve,” Reyes said.

He said Mr. Aquino should explain why the allegations of human rights abuses committed during the Arroyo administration were not included in the task of the Truth Commission.

“(These human rights) issues that have even reached international attention were left out in the scope of the Truth Commission. How does the new government plan to address the issue of human rights violations outside of the executive order?” Reyes asked.

Bayan said it was a “supreme irony” that historically, truth commissions were formed to probe human rights violations, particularly in Latin American countries.

“Yet in the Philippine version, there is no mention of human rights,” the group said.

Cooperation assured

Horn said Arroyo has promised to cooperate with the Truth Commission even as her allies vowed to question its legality.

She said Arroyo was reserving comment until the Truth Commission is fully formed.

Horn noted that Davide has been appointed to head the Commission but its members are yet to be named.

“Its rules and procedures have yet to be issued. We still have to see how it will function and work,” Horn said. “We all anticipated this (Truth Commission).”

Ang Galing Pinoy Rep. Juan Miguel “Mikey” Arroyo said he also spoke with his mother about the issue.

“We are more than willing to cooperate because we promised the people that we will not be obstructionist,” he said.

Mikey though agreed that the Truth Commission might violate the equal protection clause of the Constitution.

“There must be equal protection as mandated by the Constitution. If there is any truth that anybody wants to find out on any administration that must also be unearthed,” he said.

Armed Forces of the Philippines (AFP) spokesman Brig. Gen. Jose Mabanta also said members of the uniformed services would cooperate with the Truth Commission if they are summoned to speak about the “Hello, Garci” wiretap recordings controversy that implicated Arroyo and some generals in cheating in the 2004 elections.

“If there is a need to call the Navy, the Air Force, the Marines, then we will, as long as they are called by the Truth Commission. We will allow them to speak because it will clear the whole institution (in the scandal),” Mabanta said.

Paolo Romero, Philippine Star