IT’S final: Executive Order (EO) 1 creating the Truth Commission is unconstitutional.
The recent ruling was made by the Supreme Court en banc, junking with finality a motion for reconsideration seeking the reversal of its earlier decision declaring as unconstitutional the creation of the commission.
The Truth Commission had been envisioned to probe alleged corruption committed during the administration of then-President and now Rep. Gloria Arroyo of Pampanga.
According to High Court spokesman and Court Administrator Jose Midas Marquez, there were no new substantial arguments presented that would warrant reversal of the High Tribunal’s earlier ruling.
“The court denies with finality the motion for reconsideration. No substantial arguments were raised in the MR,” Marquez said.
Despite the law stating that no second motion for reconsideration shall be entertained, he added that there were instances when a second motion for reconsideration was allowed by the Supreme Court.
Marquez said that the High Tribunal was not closing its door on the issue because the government can still file a motion for leave to allow them to file a second motion for reconsideration.
Majority of the magistrates led by Justice Jose Catral Mendoza, the ponente of the case, opined that EO 1 was in violation of the 1987 Constitution for it would pin down Mrs. Arroyo, a sign of the Aquino administration’s vindictiveness and a clear violation of the equal-protection clause.
Voting 10-5, the High Court voided for being unconstitutional the first executive order issued by President Benigno Aquino 3rd creating the “Philippine Truth Commission” mandated to investigate allegations of graft and corruption during the Arroyo administration.
Also majority of the Supreme Court justices concurred with the ponencia of Mendoza that EO 1 violated the equal protection clause of the Constitution.
Led by Chief Justice Renato Corona, they said that Malacañang should have included previous administrations under the coverage of the commission, which had originally been given a 29-month deadline to complete its fact-finding investigation exclusively of the Arroyo administration.
Reacting to the junking with finality of Executive Order 1, Palace spokesman Edwin Lacierda also on Tuesday said, “Since the Supreme Court has spoken, the issue has been settled. We, however, will continue to explore avenues for the truth to come out.”
