CASE DIGEST 0007.docx - CASE DIGEST 0007 LOUIS \u201cBAROK\u201d C BIRAOGO VS THE PHILIPPINE TRUTH COMMISSION OF 2010(G.R NO 192935 07 DECEMBER 2010 REP EDCEL

CASE DIGEST 0007.docx - CASE DIGEST 0007 LOUIS...

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CASE DIGEST 0007: LOUIS “BAROK” C. BIRAOGO VS. THE PHILIPPINE TRUTH COMMISSION OF 2010 (G.R.NO. 192935, 07 DECEMBER 2010). REP. EDCEL C. LAGMAN, REP. RODOLFO B. ALBANO, JR., REP. SIMEON A.DATUMANONG, AND REP. ORLANDO B. FUA, SR. VS. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR.AND DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO B. ABAD (G.R. NO. 193036,07) SUBJECTS: EQUAL PROTECTION CLAUSE; EXECUTIVE ORDER NO. 1)LOUIS “BAROK” C. BIRAOGO VS. THE PHILIPPINE TRUTH COMMISSION OF 2010 (G.R. NO. 192935, 07DECEMBER 2010)REP. EDCEL C. LAGMAN, REP. RODOLFO B. ALBANO, JR., REP. SIMEON A. DATUMANONG, AND REP.ORLANDO B. FUA, SR. VS. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR. AND DEPARTMENT OFBUDGET AND MANAGEMENT SECRETARY FLORENCIO B. ABAD (G.R. NO. 193036, 07THIS CASE IS ABOUT THE EQUAL PROTECTION CLAUSE ENSHRINED IN THE CONSTITUTION.READ THE FULL TEXT OF THE DECISION IN jabbulao.com under the category RECENT SUPREME COURTDECISIONS.DOCTRINE: WHEN A TRUTH COMMISSION IS CREATED TO INVESTIGATE ANOMALIES OF A SPECIFICADMINISTRATION IT IS VIOLATIVE OF THE EQUAL PROTECTION CLAUSE.DIGEST:FACTS:EXECUTIVE ORDER NO. 1 WAS ISSUED BY PRESIDENT NOYNOY AQUINO TO INVESTIGATE REPORTEDCASES OF GRAFT AND CORRUPTION OF THE PREVIOUS ADMINISTRATION.ISSUE:IS THIS LEGAL?RULING:NO. IT IS VIOLATIVE OF THE EQUAL PROTECTION CLAUSE. THE ARROYO ADMINISTRATION IS BUT JUSTA MEMBER OF A CLASS, THAT IS, A CLASS OF PAST ADMINISTRATIONS. IT IS NOT A CLASS OF ITS OWN.NOT TO INCLUDE PAST ADMINISTRATIONS SIMILARLY SITUATED CONSTITUTES ARBITRARINESSWHICH THE EQUAL PROTECTION CLAUSE CANNOT SANCTION.The ruling of the Court:Applying these precepts to this case, Executive Order No. 1 should be struck down as violative of the equal protectionclause. The clear mandate of the envisioned truth commission is to investigate and find out the truth “concerning thereported cases of graft and corruption during the previous administration”[1][87]only. The intent to single out the previousadministration is plain, patent and manifest. Mention of it has been made in at least three portions of the questionedexecutive order. Specifically, these are:WHEREAS, there is a need for a separate body dedicated solely to investigating and finding out the truth concerning thereported cases of graft and corruption during the previous administration, and which will recommend the prosecution ofthe offenders and secure justice for all;
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SECTION 1. Creation of a Commission. – There is hereby created the PHILIPPINE TRUTH COMMISSION, hereinafterreferred to as the “COMMISSION,” which shall primarily seek and find the truth on, and toward this end, investigatereports of graft and corruption of such scale and magnitude that shock and offend the moral and ethical sensibilities of thepeople, committed by public officers and employees, their co-principals, accomplices and accessories from the privatesector, if any, during the previous administration; and thereafter recommend the appropriate action or measure to be takenthereon to ensure that the full measure of justice shall be served without fear or favor.
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