SC: EO forming 'Truth Commission' unconstitutional

(UPDATE 2) MANILA, Philippines – The Supreme Court has declared unconstitutional the first order coming from the Aquino administration.

The High Court has declared illegal Executive Order No. 1, which seeks the creation of a "Truth Commission."

President Aquino signed EO No. 1 on July 30.

"In a vote of 10-5, the court voted to declare unconsitutional Executive Order No. 1 creating the Philippine Truth Commission of 2010," acting SC public information chief Gleoresty Guerra said.

"The majority [ruled that EO 1] violates the equal protection clause of the Constitution inasmuch as it singles out investigation of graft and corrupt practices in the previous administration," she added.

Justices composing the majority are: Chief Justice Renato Corona, Associate Justices Teresita Leonardo-de Castro, Arturo Brion, Presbitero Velasco, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Martin Villarama, Jose Perez, and Jose Mendoza.

All are appointees of former President and now Pampanga Rep. Gloria-Macapagal Arroyo.

Those who dissented were Associate Justices Antonio Carpio, Conchita Carpio-Morales, Eduardo Nachura, Roberto Abad, and Ma. Lourdes Sereno. All are Arroyo appointees, except Sereno.

The Truth Commission was supposed to probe the alleged irregularities and anomalies during the Arroyo administration, including the fertilizer scam and the botched National Broadband Network project between the Philippine government and China's ZTE Corp.

The commission would be headed by former SC Chief Justice Hilario Davide.

Guerra is set to explain the ground used by the SC in a press conference this afternoon.

SC decision gets mixed reactions

House minority floor leader and Albay Rep. Edcel Lagman hailed the SC decision as a "victory of the rule of law."

Lagman was among the congressmen who submitted a petition to the SC questioning the constitutionality of the executive order.

With the decision, Lagman said it has proven that the SC is still the "sanctuary of civil liberties."

He said the Truth Commission only duplicates the tasks of the Office of the Ombudsman.

For his part, Iloilo Rep. Neil Tupas Jr., chairman of the House Committee on Justice, said the SC ruling is “a serious set back to the justice system.”

Presidential spokesman Edwin Lacierda echoed Tupas' statement, noting that the ruling is a big blow to the government's battle with corruption.

Lacierda said Malacañang will file a motion for reconsideration within 15 days after receiving the decision.

Meanwhile, militant group Bayan expressed disappointment over the SC's decision, saying it has "hampered" the work of people's organizations to hold Arroyo accountable for the anomalous transactions that allegedly took place under her adminstration.

"With the recent events, our work in holding GMA accountable continues to encounter increasing obstacles," Bayan secretary Renato Reyes Jr. said in a statement.

"If such a trend continues, and extends to the impeachment case of Ombudsman Merceditas Gutierrez, then there will be very few avenues for holding Arroyo accountable. Both Truth Commission and the Ombudsman supposed to look into cases of corruption," he added.