The truth shall put you in jail
By Joanne de Lara
August 21, 2010
A truth commission is an entity created to investigate the wrongdoings of a past administration in the hope of resolving the conflict left over from the past[1]. Through Executive Order 1, President Benigno S. Aquino III lent impetus to the creation of a truth body which aims to investigate the corruption cases against former president and present Pampanga Representative Gloria Macapagal-Arroyo. The mandate of the institution is only for graft or corruption cases involving the Arroyo administration. The Truth Commission has until December 2012 to fulfill its mandate.[2]
Justice Secretary Leila de Lima said that the Commission also has the power to subpoena and prosecute public and private individuals who would refuse to respond to summonses. De Lima added that the EO also mandates the commission to hold public hearings. However, "in case of matters of national security or public safety" or if the hearing will endanger the "personal safety of state witnesses,” the commission is allowed to hold close-door sessions.[3]
House Minority Leader Edcel Lagman of the Arroyo-led Lakas-Kampi-CMD party together with his allies questioned the constitutionality of the creation of the truth commission. He argued that based on the 1987 Constitution, only Congress is allowed to create new offices and commissions. The Commission on Human Rights (CHR) and the Presidential Commission on Good Government (PCGG) was created under President Corazon C. Aquino’s administration by virtue of her legislative rights conferred through the established revolutionary government right after Edsa I (1986). On the other hand, Aquino III could only exercise legislative powers today.[4]
Lagman added that only the legislature can appropriate funds to government offices. Hence, the provision in EO1 stating that “the Office of the President shall provide the necessary funds for the Commission” was deemed unconstitutional. He likewise stated the redundancy of the Commission’s mandate since there is already the Office of the Ombudsman and the Department of Justice which are legally capable of investigating the allegations against Arroyo. He also questioned why the commission only targets specific people while in fact there are so many people involved in graft and corruption all throughout the decades.[5]
President Aquino’s response to issues thrown at the Truth Commission is that they should submit their case to the Supreme Court.[6]
Analyzing the facts at hand, it becomes apparent that although the intention behind the formation of the Truth Commission is for public interest, the Administration should see to it that it is firmly grounded on the mandates of the Constitution. Therefore, if the Administration would not be able to summon the support of Congress in institutionalizing the Truth Commission, then the body could not push through with its mandate which is to prosecute Gloria Macapagal Arroyo.
In yet another point, it cannot be denied that the allies of Arroyo are merely protecting her and not really aimed at preserving the sanctity of the Constitution. Their argument that it is unjust to target specific people in pursuing EO1 is feeble and weak for the Truth Commission could be considered as one step toward addressing the roots of corruption. It may be focused on Arroyo today, but after dealing with her, who knows? Maybe other people would be held liable. This is only the beginning. If it would be halted as early as today, then how could the administration proceed in its other aspirations?
They say that the truth will set the people free. But how come we know the truth yet we are not free? Maybe mere knowledge of the truth is too static. Change will not start by nestling the truth in our minds alone. We should act upon it. It is the actions that would be given birth by the truths we hold that could make us free and put those who are held liable in jail. (Youth Speaks, CenPEG online)
[1] http://en.wikipedia.org/wiki/Truth_and_reconciliation_commission
[2] http://www.abs-cbnnews.com/nation/07/30/10/aquino-forms-truth-commission
[3] Ibid.
[4] http://www.gmanews.tv/story/197479/house-minority-questions-aquinos-eo-on-truth-commission
[5] Ibid.
[6] http://www.abs-cbnnews.com/nation/08/01/10/aquino-truth-commission-critics-sc-will-decide