Philippine Truth Commission

Description

Formation and mandate

The Philippine Truth Commission (PTC) was said to be a public office, a body under the Office of the President Proper. However, although it is vested with certain powers, such as the power to investigate, its authority is still very limited. The PTC was empowered to investigate reports of massive corrupt practices in the government (as mentioned within the history section) during the Arroyo administration, and to subsequently report and recommend necessary measures to the President, the Congress, and the Ombudsman. Overall, it is the fact-finding body on graft and corrupt case involving third level public officers and higher, their co-principals, accomplices and accessories from the private sector. It was established by virtue of the continuing power of the president to reorganize his office as provided by the Revised Administrative Code, and pursuant to the constitutional mandate of Article XI, Section I of the 1987 Constitution of the Philippines.

Members

The PTC was composed of a total of five members:

• The Chairman
• Four other members who will serve as an independent collegial body, this includes:
  • A General Counsel
  • A Deputy General Counsel
  • A Special Counsel
  • A Clerk of the Commission

Creation

The creation of the PTC finds justification under Section 17, Article VII of the Constitution which states that "The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed." One of the recognized powers of the president granted pursuant to his duty is the power to create ad hoc committees. This allows inquiry into matters which the president is entitled to know. Furthermore, there is no appropriation of funds but only allocations of existing funds. The PTC, by focusing on punishing graft and corrupt practices committed by a past administration, deviates from the usual framework of truth commissions. The power of the president to create the PTC has been questioned, due to the section 31 within the RAC, Continuing Authority of the President to reorganize his office, therefore the establishment of the PTC is claimed to be a usurpation of the legislative power of congress. Hence, investigation which target “public accountability and transparency” inherent in the president's power. However, the court justifies the PTC creation under Article VII, Section 17 of the Constitution, which allows the president the obligation to investigation that target "public accountability and transparency" were inherent in the president's powers. Therefore, even if the creation of fact finding or ad hoc bodies is not expressly reposed to the president, it still does not deprive him of these powers. The court ruled that the investigating body will properly inform the president of the circumstances surrounding the issue, which will allow him to take the necessary measures to prevent future anomalous practices in the government.

Violation of the Equal Protection Clause

The Executive Order violates the equal protection clause enshrined in Section 1, Article III of the Bill of Rights which states that “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.” There is an intent to single out the previous administration with unreasonable classification.

Power to investigate

The power of the PTC to investigate, although authorized as a fact-finding body, does not have any quasi-judicial power, but the power to investigate. Thus, the PTC, instead of infringing upon duties of the Ombudsman and the Department of Justice in determining the existence of probable cause and of prosecuting cases, will actually complement them. However, the power of the Ombudsman to investigate is not exclusive to him; only under the R.A. No. 6670, which was not exclusive, yet was shared with other similarly organized agencies. All findings of the PTC are subject to be reviewed by the courts. This means that it can be shared with other similar bodies, such as the findings within the Davide and Feliciano Commissions.

Empowerment

The PTC has no power to file charges against the accused. In relation to the graft cases it shall choose to investigate, the Truth Commission is empowered to:

• Collect and receive evidence
• Require any agency, official or employee of the Executive Branch, including government-owned or controlled corporations, to produce documents, books, records and other papers
• Upon proper request, obtain information and documents from the Senate and the House of Representatives and records of investigations conducted by their committees
• Upon proper request, obtain from the courts, including the Sandiganbayan and the Office of the Court Administrator, information or documents in respect to corruption cases filed with the Sandiganbayan or the regular courts
• Invite or subpoena witnesses and take their testimonies, and for that purpose, administer oaths or affirmations
• Recommend that a person be admitted as a state witness
• Turn evidence over to the appropriate prosecutorial authorities for expeditious prosecution
• Call upon any government investigative or prosecutorial agency such as the Department of Justice or any of the agencies under it, and the Presidential Anti-Graft Commission, for assistance and cooperation
• Engage the services of resource persons, professionals and other personnel, when necessary
• Engage the services of experts as consultants or advisers, when necessary
• Promulgate rules and regulations and rules of procedure
• Exercise such other acts incident to or appropriate and necessary in connection with the commission's objectives.