The Truth behind the Truth Commission: Executive Order No.1 in Jeopardy

The Truth behind the Truth Commission: Executive Order No.1 in Jeopardy
An Extended Opinion Solicitation Discussion Group on the Executive Order No.1 of the Aquino Administration
January 14, 2011 4:00PM Palma Hall
Facilitator: George Douglas Siton and Ma. Katrina Enriquez

Objectives:
1. To discuss the salient points of Executive Order No.1 – its tasks and goals;
2. To analyze the advantages, disadvantages, and the legality of this program according to SC;
3. To gather insights regarding the proposition

Definition of Terms:
A. Truth Commission
• tasked to investigate reports of graft and corruption “of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people” during the previous administration
• headed by Chief Justice Hilario Davide Jr. together

Reasons for the Creation of EO No.1:
A. Counter Corruption
• In 2008, Philippines was ranked as the most corrupt Nation in Asia

B. Restore People’s Trust
• The flunk ratings of Arroyo during her term served as indicators to the “mistrust”

C. Put Closure to Hanging Cases
D. President’s “Battle Cry” during the Campaign

E. Need for a separate body

F. Book III Chap. 10, Section 31 of EO 292
• Revised Administrative Code of the Philippines which gives him, according to the executive order, the right to make this order.

Goals of the Commission:
A. According to the Executive Order No. 1
• “hall primarily seek and find the truth on, and toward this end, investigate reports of graft and corruption of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people, committed by public officers and employees, their co-principals, accomplices and accessories from the private sector, if any, during the previous administration; and thereafter recommend the appropriate action or measure to be taken thereon to ensure that the full measure of justice shall be served without fear or favor.”

B. Investigate and fight against graft and corruption, and unresolved cases during previous administration


Advantages:
A. Investigation of the cases within two years, up to December 31, 2012

B. Aquino’s utmost form to get public attention with his platform on fighting against corruption
C. Decision as to which cases are to be investigated (unresolved)
• NBN-ZTE deal
• P 728-million fertilizer fund scam
• C-5 road controversy
• “Hello Garci” election scandal

Disadvantages:
A. Constitutional and legal flaws

B. Only the congress has the power to form such group like the Truth Commission
C. Similar task to PCGG “Presidential Commission on Good Government”

Legal Problems according to SC:
A. Unconstitutional (votes: 10-5)
• Violates equal protection clause
• No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws

B. Singling out Arroyo Administration

C. Overlapping powers of Ombudsman and Supreme Court.


New EO:
• According to Justice Secretary Leila De Lima, the government shall make another EO that answers the objections of the SC

Economic Take:
A. Unclear Costs and Benefits
• Costs of this commission doesn’t only concern the monetary expenditure, but also the opportunity cost.

B. Inefficiency
• The Office of the Ombudsman has the same tasks
• Alternatives such as the Freedom of Information Bill should have been given more importance instead.

Guide Questions:

1. With 1 as the lowest and 5 as the highest, how would you rate the importance of Executive Order No.1? Why?

2. Do you think the president should have considered other options rather than the truth commission? What is it?

References:
1. Websites:
• http://www.pinoygigs.com/blog/2010/03/philippines-ranked-4th-in-the-most-corrupt-nation-in-asia-pacific/
• http://www.philstar.com/Article.aspx?articleId=644768&publicationSubCategoryId=63
• http://www.abs-cbnnews.com/nation/12/07/10/sc-rules-truth-commission-unconstitutional
• http://www.gmanews.tv/story/207710/high-court-declares-truth-commission-unconstitutional
• http://www.youtube.com/watch?v=CYU1tmnePpI&feature=related
• http://verafiles.org/main/news/aquino-creates-truth-commission/

2. News Articles:
• http://www.abs-cbnnews.com/-depth/12/08/10/truth-commission-pros-and-cons
• http://jurist.org/paperchase/2010/07/philippines-president-creates-truth-commission-to-probe-rights-abuses.php
• http://www.philstar.com/Article.aspx?articleId=637034&publicationSubCategoryId=63
• http://www.mb.com.ph/articles/291421/sc-declares-truth-commission-unconstitutional

3. Documents:
• Executive Order No. 1: Creating the Philippine Truth Commission of 2010 from www.ops.gov.ph

4. Video Clips:
• http://www.youtube.com/watch?v=CYU1tmnePpI
• http://www.youtube.com/watch?v=iqeSmKAI0Tc