III.Creation, establishment and abolition of administrative agenciesG.R. No. 192935 December 7, 2010LOUIS "BAROK" C. BIRAOGO,Petitioner, vs.THE PHILIPPINE TRUTH COMMISSION OF 2010,Respondent.x - - - - - - - - - - - - - - - - - - - - - - -xG.R. No. 193036REP. EDCEL C. LAGMAN, REP. RODOLFO B. ALBANO, JR., REP. SIMEON A. DATUMANONG, and REP. ORLANDO B. FUA, SR.,Petitioners, vs.EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR. and DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO B. ABAD,Respondents.D E C I S I O NMENDOZA, J.:When the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but onlyasserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy therights which that instrument secures and guarantees to them.--- Justice Jose P. Laurel1The role of the Constitution cannot be overlooked. It is through the Constitution that the fundamental powers of government are established, limited and defined, and by which these powers are distributed among the several departments.2The Constitution is the basic and paramount law to which all other laws must conform and to which all persons, including the highest officials of the land,must defer.3Constitutional doctrines must remain steadfast no matter what may be the tides of time. It cannot be simply made to sway and accommodate the call of situations and much more tailor itselfto the whims and caprices of government and the people who run it.4For consideration before the Court are two consolidated cases5both of which essentially assail the validity and constitutionality of Executive Order No. 1, dated July 30, 2010, entitled "Creating the Philippine Truth Commission of 2010."The first case is G.R. No. 192935, a special civil action for prohibition instituted by petitioner Louis Biraogo (Biraogo) in his capacity as a citizen and taxpayer. Biraogo assails Executive Order No. 1 for being violative of the legislative power of Congress under Section 1, Article VI of the Constitution6as it usurps the constitutional authority of the legislature to create a public office and to appropriate funds therefor.7
The second case, G.R. No. 193036, is a special civil action for certiorari and prohibition filed by petitioners Edcel 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, when then Senator Benigno Simeon Aquino III declared his staunch condemnation of graftand corruption with his slogan, "Kung walang corrupt, walang mahirap."The Filipino people, convinced of his sincerity and of his ability to carry out this noble objective, catapulted the good senator to the presidency.