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But it is pretty implied by the division of the government into three departments. The impact is identical whether or not the prohibition is expressed or not. It has repeatedly been announced by this court docket that each of the branches of the Government is in the main unbiased of the others. The doctrine is merely too firmly imbedded in Philippine institutions to be debatable. No. 1, there can be no doubt that the Truth Commission is a public workplace, and the Chairman and the Commissioners appointed thereto, public officers. However, I find myself unable to concur with Justice Mendoza’s considered opinion that E.O.
At the outset, it must be emphasised that EO 1 did not, for purposes of utility of the laws on graft and corruption, create two classes – that of President Arroyo and that of other past administrations. Rather, it prioritized fact-finding on the administration of President Arroyo whereas saying that the President may later broaden the protection of EO 1 to convey http://seniorsdatingtoday.com/senior-online-dating-for-women-over-60/ other previous administrations underneath the identical scrutiny. Else, as all human activities require prioritization, everybody in a precedence record for regulation or investigation could make out a case that there is prima facie classification, and that the prioritization just isn’t supported by a reasonable objective.
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In the current case, no one has been charged before the prosecutor or the courts. What petitioners need this Court to do is invalidate a mere administrative fact-finding investigation by the Executive branch, an investigative part previous to preliminary investigation. Clearly, if courts can not train the Executive’s "special province" to resolve whether or not to indict, which is the equivalent of willpower of possible cause, with larger purpose courts cannot exercise the Executive’s "special province" to determine what or what not to investigate for administrative fact-finding purposes. There is much ado about the words "Truth Commission" as the name of the fact-finding body created under EO 1. There is no law or rule prescribing how a fact-finding physique should be named. In reality, there is no regulation or rule prescribing how permanent authorities commissions, workplaces, or entities ought to be named.40 There is also no law or rule prohibiting the use of the phrases "Truth Commission" as the name of a fact-finding physique.
- Nothing whatsoever in EO 1 provides the Truth Commission quasi-judicial power, expressly or impliedly.
Such contracts shall be processed and approved in accordance with existing legal guidelines, guidelines and laws. When the Constitution states that public officers are "always" accountable to the folks, it means at any time public officers could be held to account by the individuals. Nonsensical claims, like the selective prosecution invoked in People v. dela Piedra, are unavailing. Impossible circumstances, like requiring the investigation of "earlier previous administrations," are disallowed. All these flimsy and dilatory excuses violate the clear command of the Constitution that public officers are accountable to the people "always." A fact-finding investigation of "earlier previous administrations," spanning 111 years punctuated by two world wars, a warfare for independence, and a number of other rebellions ─ would obviously be an impossible task to undertake for an advert hoc body just like the Truth Commission.
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This is a reality that cannot be doubted as the common public has been exposed in the past to these investigative commissions. Concern for the person is one other overriding constitutional worth. Significantly, the Constitution does not distinguish between the guilty and the innocent in its protection and grant of rights and ensures. In truth, it has very particular guarantees for all accused primarily based on its basic concern for each Filipino’s life, liberty, security and property.
However, the parallels that can be drawn are striking and unsettling. In our present context, it is the Filipino individuals – a great majority of whom have been disprivileged by institutions that heavily favor the ruling elite – that have suffered the damaging consequences of graft and corruption. It is the Filipino people who have been wronged by previous abuses and systematic inequality; and it’s they who now desire justice in reality. In the Philippine context, the pre-redress state was that of an imbalance so nice it allowed the immunity of previous excessive officers from public accountability; members from such group will try to return to that state by in search of to continue eluding accountability. Classification in legislation, as in other departments of data or follow, is the grouping of issues in hypothesis or practice as a result of they agree with each other in certain particulars. All that’s required of a legitimate classification is that it’s reasonable, which implies that classification must be primarily based on substantial distinctions which make for real differences, that it have to be germane to the purpose of the regulation; that it should apply equally to each member of the category.