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By ignoring the Filipino public’s expertise as a witness to the frustration of makes an attempt to hold the previous administration accountable for its reported misdeeds, and framing it as an alternative as a group that stands able to convict past officers at the bar of public opinion, the Concurring Opinion turns social reality on its head. It minimizes the status of the Filipino people as a group wronged by the imbalance of energy and the betrayal of public belief. It ignores the need of this group to see these rectified.
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We can not allow this method to pass unnoticed and with out the observations it deserves. These traditional concepts of reorganization don’t seem to have taken place within the establishment of the Truth Commission. As heretofore mentioned, by its plain phrases, it was "created" and didn’t simply emerge from the features or the character of one other office, whether within or outside the Office of the President. Thus, it’s a utterly new body that the President constituted, not a body that appropriated the powers of, or derived its powers from, the investigatory and prosecutory powers of the Department of Justice or any other investigatory body throughout the Executive branch. To be sure, the Philippine scenario right nows far from the conditions in South Africa, Rwanda, and South America,87 the place quick transitional justice88 had to be achieved as a outcome of these international locations had been coming from a period of non-democratic rule and their desired justice methods were not but absolutely in place. This actuality removes any justification for the President to resort to extralegal measures and to establishments and mechanisms outdoors of these already in place, in continuing towards grafters within the previous administration.
There is not any principle of regulation that proscribes his doing so. In this context, the President may, subsequently, create an agency inside his Office to exercise the features, or a half of the features, that he has assumed for himself. At the outset, it must be emphasized that EO 1 did not, for purposes of software of the legal guidelines on graft and corruption, create two lessons – that of President Arroyo and that of other past administrations. Rather, it prioritized fact-finding on the administration of President Arroyo while saying that the President could later broaden the coverage of EO 1 to convey different past administrations beneath the same scrutiny. Else, as all human activities require prioritization, everyone in a priority list for regulation or investigation could make out a case that there’s prima facie classification, and that the prioritization isn’t supported by a reasonable objective.
Citing Ombudsman v. Galicia34 the ability of the Ombudsman to conduct preliminary investigations is not unique but shared with different equally approved government agencies. All that is required of a legitimate classification is that it’s cheap, which means that the classification ought to be based mostly on substantial distinctions which make for actual variations, that it have to be germane to the aim of the regulation; that it should not be limited to current situations solely; and that it should apply equally to each member of the class. While the phrase "previous administration" alludes to individuals, which may, indeed, be a class inside the equal protection paradigm, it may be very important observe that the complete phrase is "during the earlier administration," which connotes a time-frame that limits the scope of the Commission’s inquiry. The phrase does probably not create a separate class; it merely lays down the pertinent period of inquiry. The limited interval of inquiry, ostensibly excluding administrations prior to the immediate previous administration, is not, per se, an intentional and invidious discrimination anathema to a valid classification.
- The absence of any form of accountability for public officials’ past misconduct of a grave nature and big scale will promote a tradition of impunity.
This is categorically out of the PTC’s sphere of capabilities. Its power to research is proscribed to acquiring details in order that it might possibly advise and information the President in the efficiency of his duties relative to the execution and enforcement of the legal guidelines of the land. In this regard, the PTC commits no act of usurpation of the Ombudsman’s primordial duties.