EN BANCLOUIS BAROK C. BIRAOGO,Petitioner,- versus -THE PHILIPPINE TRUTH COMMISSION OF 2010,Respondent.x - - - - - - - - - - - - - - - - - - - - - - - xREP. EDCEL C. LAGMAN,REP. RODOLFO B. ALBANO, JR., REP.SIMEON A. DATUMANONG, and REP.ORLANDO B. FUA, SR.,Petitioners,- versus -EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR. and DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO B. ABAD,Respondents.G.R. No. 192935G.R. No. 193036Present:CORONA, C.J.,CARPIO,CARPIO MORALES,VELASCO, JR.,NACHURA,LEONARDO-DE CASTRO,BRION,PERALTA,BERSAMIN,DEL CASTILLO,ABAD,VILLARAMA, JR.,PEREZ,MENDOZA, andSERENO, JJ.Promulgated:December 7, 2010x -------------------------------------------------------------------------------------- xD E C I S I O NMENDOZA, J.:When the judiciary mediates to allocate constitutional boundaries, it does not assert anysuperiority over the other departments; it does not in reality nullify or invalidate an act of thelegislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution todetermine conflicting claims of authority under the Constitution and to establish for the parties in
an actual controversy the rights which that instrument secures and guarantees to them.--- Justice Jose P. LaurelﾧThe role of the Constitution cannot be overlooked. It is through the Constitution that the fundamental powers ofgovernment are established, limited and defined, and by which these powers are distributed among the severaldepartments.ﾧThe Constitution is the basic and paramount law to which all other laws must conform and towhich all persons, including the highest officials of the land, must defer.ﾧConstitutional doctrines mustremain steadfast no matter what may be the tides of time. It cannot be simply made to sway and accommodatethe call of situations and much more tailor itself to the whims and caprices of government and the people whorun it.ﾧFor consideration before the Court are two consolidated casesﾧboth of which essentially assail the validityand constitutionality of Executive Order No. 1, dated July 30, 2010, entitled Creating the Philippine TruthCommission of 2010.The first case is G.R. No. 192935, a special civil action for prohibition instituted by petitioner LouisBiraogo (Biraogo) in his capacity as a citizen and taxpayer. Biraogo assails Executive Order No. 1 for beingviolative of the legislative power of Congress under Section 1, Article VI of the Constitutionﾧas it usurps theconstitutional authority of the legislature to create a public office and to appropriate funds therefor.ﾧThe second case, G.R. No. 193036, is a special civil action for certiorari and prohibition filed by petitionersEdcel C. Lagman, Rodolfo B. Albano Jr., Simeon A. Datumanong, and Orlando B. Fua, Sr. (petitioners-legislators) as incumbent members of the House of Representatives.The genesis of the foregoing cases can be traced to the events prior to the historic May 2010 elections, whenthen Senator Benigno Simeon Aquino III declared his staunch condemnation of graft and corruption with hisslogan, Kung walang corrupt, walang mahirap. The Filipino people, convinced of his sincerity and of his abilityto carry out this noble objective, catapulted the good senator to the presidency.