Aquino inks TRUTH COMMISSION EO - INQUIRER.net, Philippine News for Filipinos

Aquino inks ‘Truth’ EO - INQUIRER.net, Philippine News for Filipinos

Aquino inks ‘Truth’ EO
Culprits in private sector also targetedBy Christian V. EsguerraPhilippine Daily InquirerFirst Posted 01:13:00 07/31/2010Filed Under: Crime, Graft & Corruption
MANILA, Philippines — Now the work to achieve closure begins.
Efforts to make ex-President Gloria Arroyo and her allies accountable for irregularities under her watch, including the “Hello Garci” election fraud scandal, have officially started with the formal creation of the “Philippine Truth Commission of 2010.”
President Aquino signed yesterday Executive Order No. 1 creating the commission that will “investigate reports of graft and corruption of such scale and magnitude that shock and offend the moral and ethical sensibilities of the people.”
The “independent collegial body” chaired by retired Chief Justice Hilario Davide Jr. will have four more commissioners. It has until Dec. 31, 2012, to complete its work, with formal hearings most likely to begin next year, Justice Secretary Leila de Lima said at a press briefing in Malacañang.
Reading from the order, De Lima said the hearings would be open to the public but that closed-door sessions would be conducted for “matters of national security or public safety,” including the safety of witnesses.
In a statement read by his spokesperson, Edwin Lacierda, the President said: “The process of bringing a necessary closure to the allegations of official wrongdoing and impunity has begun.”
He added in Filipino: “[The commission’s] job is to investigate and seek the truth in the grave allegations of graft and corruption during the past nine years that allegedly involved government officials and their conspirators in the private sector.”
Shortly before signing the order, Mr. Aquino observed that critics were “already commenting” on the commission although it had yet to begin its work. “A lot of the people who are complaining about it seem to be the people who might be part of the process,” he said.
Broad scope
De Lima said EO No. 1 was crafted in such a way that it would be “broad enough” to include cases such as Arroyo’s purported manipulation of the 2004 presidential election.
“This has something to do with the [phone] call, with the rigging of the 2004 election. You cannot quantify that so we made it this way,” she said.
Presidential legal counsel Ed de Mesa expressed confidence that the Supreme Court would sustain the validity of the truth commission should the matter be raised before it.
De Lima acknowledged criticisms that the commission might duplicate the functions of the Department of Justice.
“At first glance, it seems to be a duplication of the DOJ and even of the Ombudsman,” she said. “But no, because the reason we have this particular mechanism is because the President wants a more focused and expeditious disposition of cases to really put a closure to these very important issues hounding our society.”
The commission will specifically investigate cases involving “third-level public officers and higher, their co-principals, accomplices and accessories from the private sector.”
Powers
In seeking closure to controversies that occurred from 2001 to 2009, Mr. Aquino clothed the truth commission with the power to subpoena respondents and documents.
De Lima said public officials and employees ignoring summonses would be “subjected to appropriate administrative and disciplinary proceedings.”
Those in the private sector would be “dealt with in accordance with law … [and] can also be criminally prosecuted for, let’s say, obstruction of justice or perjury,” she said.
The commission is empowered to “collect, receive, review and evaluate evidence related to or regarding the cases of large-scale corruption which it has chosen to investigate, and to this end, require any agency, official or employee of the executive branch, including government-owned and -controlled corporations (GOCCs), to produce documents, books, records, and other papers.”
It can “obtain information and documents from the Senate and the House of Representatives’ records of investigations conducted by committees,” as well as those from the “courts, including the Sandiganbayan and the Office of the Court Administrator,” in connection with corruption cases filed before them.
The commission can also “call upon any government investigative or prosecutorial agency such as the DOJ or any of the agencies under it, and the Presidential Anti-Graft Commission, for such assistance and cooperation as it may require in the discharge of its functions and duties.”
To ensure that witnesses will be encouraged to come forward, the commission is empowered to seek protection for them, mainly through the Philippine National Police.
Section 10 of EO No. 1 directs all government departments, including GOCCs, to “extend such assistance and cooperation as the commission may need.”
Recommendatory
But despite these powers, the commission’s findings will ultimately be “recommendatory” and will be submitted to the President, Congress, and the Office of the Ombudsman.
Asked about perceptions that Ombudsman Merceditas Gutierrez is biased in favor of Arroyo, now the representative of Pampanga’s second district, De Mesa said: “The commission will complete its course regardless of the Ombudsman … and submit its findings to the Ombudsman or other appropriate bodies [to] take charge of prosecution.”
EO No. 1 contains a provision allowing the President to “expand the mandate of the commission … to include the investigation of cases and instances of graft and corruption during the prior administrations,” meaning those that had taken place before Arroyo assumed office in 2001.
But De Lima ruled out the possibility of such expanded coverage to look into graft and corruption cases that might also take place under the present administration.
“We have existing laws [to deal with such cases]. We have existing mechanisms,” she said.
Reminder
In an interview with the Inquirer, Renato Reyes Jr., secretary general of the militant Bagong Alyansang Makabayan (Bayan), said the criticism aired regarding the truth commission was intended “to remind the [Aquino administration] that the people are expecting accountability and justice to happen.”
“They shouldn’t take it the wrong way or be defensive about it,” he said.
Reyes expressed concern that only graft and corruption and election fraud were being mentioned as the issues that the commission would investigate. He said its mandate should include cases of human rights violations and the killings of journalists and leftist activists.
“The executive order should clarify the scope [of investigation]... It shouldn’t avoid extrajudicial killings and human rights abuses because these are essential,” he said.
Reyes also said it would be interesting to know if the commission would “interact with other groups to make Arroyo liable [for the irregularities].”
“Or will it be independent and work alone, and not receive evidence from other groups?” he said, adding:
“Will it be open to suggestions and cooperation from cause-oriented groups that have been at the forefront of investigating Arroyo since 2004?”
‘Tons of evidence’
Reyes said Bayan and other groups had compiled “tons of evidence” but that these gathered dust after the impeachment complaints filed against Arroyo in the House of Representatives failed to prosper.
“We’d like to know if this [evidence] would be put to good use by the truth commission,” he said. With a report from Nikko Dizon

Copyright 2010 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate.Or write The Readers' Advocate:
c/o Philippine Daily InquirerChino Roces Avenue corner Yague and Mascardo Streets,Makati City, Metro Manila, PhilippinesOr fax nos. +63 2 8974793 to 94
addthis_pub = 'inquirerdotnet';
addthis_logo_background = 'EFEFFF';
addthis_logo_color = '666699';
addthis_logo = 'http://images.inquirer.net/images/inquirerlogo150x45.jpg';
addthis_brand = 'INQUIRER.net';
addthis_options = 'facebook, multiply, digg, delicious, reddit, yahoobkm, myweb, myspace, live, more';

RELATED STORIES:
Ping Lacson: Out of sight, not out of mind
The South African experience after apartheid
Newsbriefs
Body of gunman in ex-radio man’s slay found in farm
Metrobriefs
Police eye link in car theft cases; 3 vehicles recovered
Delivering on the war against corruption
Slumbering law
Suspected carjackers nabbed; stolen vehicles recovered OTHER STORIES:
Aquino inks ‘Truth’ EO
‘People Power People’ remembers Cory Aquino
Author files complaint with SC
Palace ‘bias’ for ABS-CBN irks media
SC ruling puzzles Luisita workers
Old man pins fading hopes, dream on Aquino
RP to get US missiles, says report
Biggest security guards’ group disowns Mikey Arroyo
Arroyo ‘Thank You’ notes to teachers undelivered
The South African experience after apartheid
Non-Ceso workers get reprieve
Aquino stuck in the 90s, says solon
Ping Lacson: Out of sight, not out of mind
Cimatu off to Iraq to check on OFWs