BIRAOGO vs. THE PHILIPINE TRUTH COMMISSION (Political Law Review)

G.R. No. 192935               December 7, 2010

LOUIS "BAROK" C. BIRAOGO, Petitioner, 

vs.

THE PHILIPPINE TRUTH COMMISSION OF 2010, Respondent.

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FACTS:

Biraogo assails Executive Order No. 1 "Creating the Philippine Truth Commission of 2010" for being violative of the legislative power of Congress under Section 1, Article VI of the Constitution as it usurps the constitutional authority of the legislature to create a public office and to appropriate funds therefor.

The Philippine Truth Commission (PTC) is a mere ad hoc body formed under the Office of the President with the primary task 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 thereafter to submit its finding and recommendations to the President, Congress and the Ombudsman. Though it has been described as an "independent collegial body," it is essentially an entity within the Office of the President Proper and subject to his control. Doubtless, it constitutes a public office, as an ad hoc body is one.

ISSUE: 

Whether EO No. 1 is unconstitutional.

RULING:

Yes, E.O No. 1 is unconstitutional for being violative of the equal protection clause.

The clear mandate of the envisioned truth commission is to investigate and find out the truth “concerning the reported cases of graft and corruption during the previous administration” The intent to single out the previous administration is plain, patent and manifest.