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FACT:
E.O No. 1 establishing the Philippine Truth Commission (PTC) of
2010 was signed by President Aquino. The said PTC is a mere branch
formed under the Office of the President tasked to investigate
reports of graft and corruption committed by third-level public
officers and employees, their co-principals, accomplices and
accessories during the previous administration and submit their
findings and recommendations to the President, Congress and the
Ombudsman. However, PTC is not a quasi-judicial body, it cannot
adjudicate, arbitrate, resolve, settle or render awards in disputes
between parties. Its job is to investigate, collect and asses
evidences gathered and make recommendations. It has subpoena powers
but it has no power to cite people in contempt or even arrest. It
cannot determine for such facts if probable cause exist as to
warrant the filing of an information in our courts of law.
Petitioners contends
grounds that.
the
Constitutionality
of
the
E.O.
on
the
ISSUE:
WHETHER OR NOT the said E.O is unconstitutional.
RULING:
Yes, E.O No. 1 should be struck down as it is violative of the
equal protection clause. The Chief Executives power to create the
Ad hoc Investigating Committee cannot be doubted. Having been
constitutionally granted full control of the Executive Department,
to which respondents belong, the President has the obligation to
ensure that all executive officials and employees faithfully comply
with the law. With AO 298 as mandate, the legality of the
investigation is sustained. Such validity is not affected by the
fact that the investigating team and the PCAGC had the same
composition, or that the former used the offices and facilities of
the latter in conducting the inquiry.