In another blow to President Benigno “Noynoy” Aquino III’s administration, the Supreme Court has declared unconstitutional the much trumpeted Truth Commission.
Voting 10-5, the Supreme Court ruling effectively bars the prosecution of former President Gloria Macapagal Arroyo and other officials and parties involved in alleged scandals under the previous administration.
The 5 who dissented were: Associate Justices Antonio Nachura, Antonio Carpio, Conchita Carpio Morales, Maria Lourdes Sereno, and Roberto Abad dissented.
The high court apparently gave credence to the petition of minority lawmakers led by Rep. Edcel Lagman, who sought to have the executive fiat that created the Truth Commission quashed.
House Minority Leader Edcel Lagman praised the Supreme Court for junking the Truth Commission, a move that, he said, signals the triumph of the rule of law. Negros Rep.Ignacio Iggy Arroyo also approves of SC decision.http://www.abs-cbnnews.com/nation/12/07/10/lagman-sc-decision-triumph-rule-law
The commission, tasked to investigate the anomalies during the 9-year term of Mrs. Arroyo, was created with too much power that it has already stepped on the rights of constitutionally-created bodies, they had said.
The commission, headed by former Chief Justice Hilario Davide, Jr., has already actually convened. It has not started investigations, however, absent a ruling from the high court.
This decision comes in a string of setbacks for the Aquino administration.
In September, the high court halted the impeachment proceedings against Ombudsman Merceditas Gutierrez. The proceedings were heavily backed by Aquino allies.
In October, finally, Aquino voiced out his dismay over the resolution after the high court issued another halt order involving another executive order.
The high court issued a status quo order in connection with the motion of Bai Omera Dianalan-Lucman, 1 of 4 who filed a petition questioning the constitutionality of Executive Order No. 2.
The order revoked the so-called midnight appointments done by the previous administration.
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Palace: SC decision on Truth Commission a temporary setback
The Supreme Court’s ruling that the Truth Commission is unconstitutional will not stop Malacañang from prosecuting the alleged wrongs of the past administration, Presidential Spokesman Edwin Lacierda said.
In a press conference in Malacañang after the news broke on Tuesday, Lacierda expressed his disappointment over the decision of the high court, which has yet to be officially released to the media as of this posting.
He confirmed the report, however, noting: “It’s unfortunate that we received today the report… it sets back our efforts for reform and accountability.”
Despite this, the administration of President Benigno “Noynoy” Aquino III “will not be stymied” by this “temporary setback,” he said.
Besides the expected filing of a motion for reconsideration, the members of the Aquino administration will sit down and discuss other options of checking the alleged anomalies during the past 9 years of the Arroyo government.
Aquino is currently in Pangasinan. Lacierda sent him the news through a text message.
Lacierda said there is no reason yet for the allies of former President Gloria Macapagal Arroyo to celebrate.
Reform and accountability were the main reasons why Aquino was elected into office, he stressed.
He noted the possibility of the junking of the Truth Commission had crossed their minds, which is why they have prepared for other options.
He refused to detail the options, saying these have yet to be tackled by the Aquino government.
The decision comes in a string of setbacks for the Aquino administration. Since President Aquino assumed office on June 30, the SC has released decisions that have been unfavorable.
Lacierda noted this should not affect the “relationship” between both branches of government.
He also dismissed rumors that the SC was doing all these to spite the executive branch, which supposedly cut their 2011 budget.
“Naniniwala ako na sila ay gumawa ng decision based on their assessment. Wala kaming bad faith na inilalagay sa kanilang decision (We do not see any bad faith in the decision),” he said.
ellen,
any link to a copy of the sc decision with dissents? the sc website is not updated realtime.
Malaking insulto ito sa mahigit 15 milyong bumoto sa pagbabago!
Later, I’m trying to get a copy.I’ll post once I get it.
Gloria Arroyo can now sleeps soundly for now.
Well, just as I suspected…Gloria has succeeded in manipulating the law again, of course, she started it in EDSA 2…the judiciary was there to rubber stamp her reign of impunity and now will fight toe to toe to protect her while she is temporarily not in power…
…it looks like a show of strength…what next, her allies in congress bolt out from where they are, regroup, move for charter change to parliamentary (modified, constructive, whatever), it gets rubber stamped by the SC, and she emerges as prime minister…its perfectly legal, not at all unconstitutional…
…the sc has practically already declared the pidals as “untouchable” by the law or “beyond the law,” already…and its binding…and we have a very credible sc at that…thats why they need their own spin master…
so thats why their favorite line was “sue us!”
ang galing no gloria, sana ginamit niya to para sa kapakanan ng bayan… 🙁
The battle against the Gloria horde will long be with us. Their support pillars in government are too deeply and widely entrenched.
The present administration and those who supported it to come to power better close ranks again. It ain’t over until the hobbit and the fat man sings.
teh Arroyo SC strikes again!
Hahayaan na lang ba natin na makatakas si Gloria Arroyo at mga kasabwat nito sa pagsasamantala sa ating bayan?
Masyado ng halata itong Korte Suprema masyado ang pagtatakip kay GMA!
Not surprised at all Ellen. Could have told Pres Aquino myself (tee-hee) that with Hilario Davide at the helm, nothing right could be expected from this wasteful Truth Commission.
If you think about it, Davide, a former SC chief justice himself, could/should have told the pres from the onset. Davide played lip service to Aquino, played him for a fool, made him lose face and provided him with a venue to ensure that Macapagal was protected.
As you say, it’s all up to the people to stand up to the Corona court. Only the people could save the Philippines from what journalist Alan Robles calls the SCoundrel justices.
As I’ve said in an earlier thread, only a fool of the most serious order can expect justice from the corrupt justice system which, as everyone knows, is littered with hand-sown Gloria Macapagal shit!
So-called Supreme Court (in)Justices Corona, Bersamin, Brion, Leonardo de Castro, del Castillo, Mendoza, Peralta, Perez, Velasco and Villarama must be hanged from the highest lampost for serious crimes against the Philippine nation. And if they don’t know why, they should be told in the simplest terms that it’s all because they epitomise the worst examples in flawed humanity.
They have the opportunity to set things right by the Filipino people once and for all but they wasted it.
May these so-called Supreme Court (in)Justices namely Corona, Bersamin, Brion, Leonardo de Castro, del Castillo, Mendoza, Peralta, Perez, Velasco and Villarama suffer the ignominy of their action(s) from here to eternity.
Remember, what goes round comes round!
Justice Maria Lourdes Sereno is the only one I trust in the current SC(coundrel) set-up!
I know Tony Carpio too well to give him my full trust…
“Naniniwala ako na sila ay gumawa ng decision based on their assessment. Wala kaming bad faith na inilalagay sa kanilang decision (We do not see any bad faith in the decision),” — Atty Lacierda
NO BAD FAITH? Good Lord! That is really being naive in the extreme!
Ellen,
Would be really good to publish the Justice Sereno’s decision… for comparisson.
Unsurprising. Notice that the dissenters, except Sereno are also Arroyo appointees.
This is a fair decision.
Noynoy, return now to your war room and come up with a prosecutions against Gloria that would work.
will check if it’s already posted in the website. even Justice reporters don’t have a copy.
If you think about it, Davide, a former SC chief justice himself, could/should have told the pres from the onset. The Equal Rights thinggy (singling out past admin crimes) that was apparently defective should have been spotted by Davide.
Why didn’t Davide spot it right then and there? He was supposed to have been a magister, chief interpreter of the laws!
The man is useless. Pres Aquino should lambast him in media. President Aquino must have the balls/moral courage to call Davide a moral coward and useless law interpreter to his face!
It is good that the Truth Commission is show down this early. Otherwise they would be wasting time and taxpayer’s money weaving castles in the air.
show down= shot down
i still don’t see which provision of the constitution the SC based its decision that the TC being unconstitutional..if it is under the equality law, then it is a wrong decision, because the TC is just an Inquiry or fact finding body and whatever the result of its investigation will be dealt according to the law in equal manner…if it was because of the investigation is specific to GMA tenures, then revised and amend the specifics goals of the TC to include all wrongdoings from GMA down, but has to start with Hers…I believe that this specific Court is soo predictable in its Voting Pattern, that it does not need deliberation or even a token study of the case, just bring it to the vote every time and the same individuals will be voting in block…pathetic, i would say.
Straightening out this justice fiasco should be de Lima’s priority today! For as long as those major criminals in the past admin believe that they can hee-haw their way to life, the worse things are going to be for Pinas…
How can one have faith in anything a government does or aspires to do when its justice system remains epic flawed?
@vic,
bakit fact-finding lang? we want prosecutions and convictions.
Vic…
Excellent point!
Thanks, Ellen…
Justice Sereno is very pretty… with a good head on her shoulders and a clear-cut sense of justice too! Bravo!
Why Davide still has credibility after everything that happened in 2001 escapes my reasoning.
Oh.. maybe Noynoy and Davide belong to the same crowd?
We have one fearless female justice of the Supreme Court and another fearless female journalist and blogger… the Philippines has hope!
I’d be more than surprised if Gloria Corona declared otherwise…
Why do people think that the Truth Commission is the only way to go to get back at Gloria?
parang sinadya nina Davide at Noynoy na sumablay ang truth commission. my paranoid side is telling me moro-moro lang ang lahat at si Noynoy talaga ang secret president ni Gloria.
#29 NFA. Di nga ba?
Bwahahaha harharhar hahaha… at sino ba may sabi sa inyo na wala na ko sa kapangyarihan? – Gloria Arroyo and Co.
I’ve said this many times and am going to say it again: Pnoy’s appointment of Davide to head the Truth Commission was suspicious from the very beginning. There were a lot more qualified and credible than Davide. No less than the camp of Erap and some anti-GMA groups objected Davide’s appointment. The reason was very simple and one does not need a rocket scientist to figure out…Davide screwed up the constitution to oust a duly elected President (Erap) and was instrumental in installing an illegitimate President (Gloria). How could we expect Davide to be fair in his fact finding?
Being a former SC Chief, he should know that this Commission might face a rough sailing and be rejected. I presume some of his Justice friends at SC could have whispered to him. This now gives suspicion to Pnoy’s motive of forming the Commission in the first place. Did he form it to prosecute Gloria or protect her? What’s the deal between them?
I understand that PNoy can’t do so much about Corona’s appointment by the bitch, but assigning Davide, Gloria’s ninong to power, to head TC… that’s a so naive decision. O, hindi pala naive, sila-sila lang talaga!
Chi…
Absolutely! The logic is really so simple. One need not have a degree in philosophy to see through that. A taxi driver with no formal academic education could have told Pres Aquino and his friends that.
huwag nya ng paginitan si Davide… actually sampal din sa kanya kasama ng kanyang kunahang mga legal luminaries anmg decision na yan ng Gloria’s Court… akalain mo ba naman… yung commission na binigay sa kanya ng kanyang pamumunuan ay isang illegal… hindi nya naisip yun…
nfa # 24 the TC is not empowered by whatever law to prosecute or convict…by its name, the Truth Commission, is nothing more than a recommending body to whatever the results of its investigations and it is up to proper authorities to the the follow up actions…
But as far as I concerns there is already the Police Authorities to investigate the criminal activities of every one, including all citizens up to and including the former Presindents as they are no longer covered by immunity from prosecution…
the truth commission is viable, nelson mandela set one up to investigate the abuses related to apartheid…the doj and local courts with dockets full to the brim cannot be weighed down by this demanding task, we need a specialized team to investigate, come up with the facts, witnesses’ testimonies, audit figures, etc, these alone, when shown to all will get her convicted at least in the people’s eyes…we just want the truth to be investigated, collated, reported, documented, and be published for all to see – so gloria becomes a cautionary tale of crime doesn’t pay and not the other way around…discrediting the president and even davide only takes the focus away from the real culprits…again, nice try gloria supporters – misdirection again? find another tactic…
@Vic,
well the the Executive branch just can’t create an independent body. It’s the job of the Congress to do such thing.
name-birthdate-retirement
Chief Justice Renato C. Corona – October 15, 1948 – 2018
Justice Antonio T. Carpio – October 26, 1949 – 2019
Justice Conchita Carpio Morales – June 19, 1941. – 2011
Justice Presbitero J. Velasco, Jr. – August 8, 1948 – 2018
Justice Antonio Eduardo B. Nachura – on June 13, 1941. – 2011
Justice Teresita J. Leonardo-De Castro – October 8, 1948 – 2018
Justice Arturo D. Brion – December 29, 1946 – 2016
Justice Diosdado M. Peralta – March 27, 1952 – 2022
Justice Lucas P. Bersamin – October 18, 1948 – 2018
Justice Mariano C. Del Castillo – July 29, 1949 – 2019
Justice Roberto A. Abad – May 22, 1944 – 2014
Justice Martin S. Villarama, Jr. – April 14, 1946 – 2016
Justice Jose Portugal Perez – December 14, 1946, – 2016
Justice Jose Catral Mendoza – August 13, 1947 – 2017
Justice Maria Lourdes Aranal Sereno – July 2, 1960
imagine nyo na lang kung hanggang kailan pa tayo magtitiis sa mga pasaway….
May I reiterate that I now have serious doubt about Pnoy’s sincerity in going after Gloria. Kung anong ingay niya noon sa kampanya promising to prosecute Gloria as soon as he was elected, ganoon naman katahimik siya ngayon. They seem to be protecting one another. What does Gloria have over Pnoy causing the latter’s silence? Is it the Hacienda Luisita thing?
Not surprising to get this verdict from the midget’s supreme court. The midget made sure that she would be protected after her term. She did very well on the judiciary.
Now, the midget will start plotting in the legislative front. She plotted to oust Erap for more than a year. It may be swifter for her to work in tongress coz she knows damn well that most of them can be bought and this is what she is eyeing at to change the charter. Those who changed their allegiances when Pnoy took office, can easily flip again. PERA lang ang katapat. Maraming dough yang si midget. She knows that money talks so she prepared for it.
Now that the Supreme Court voted down the “toothless comisyon”, a GO light is on for the midget to continue with her evil ways and will keep plotting to be in POWER again. WATCH OUT!
Ombudsman and DOJ to seek the truth? Ni hindi nga makaya ng DOJ ang Ampatuan case, yung truth pa kaya kay midget? Good luck! Then the Ombudsman is headed by Pidal’s girlfriend. Can we expect the truth? Filipinos are screwed again and again. Where is the change?
Kaya siguro nasa over drive yung pag huli kay Lacson because that is the loose end in knowing the midget’s corrupt ways. The midget, using her “dogs” in place, from the judiciary to the legislative body are very busy doing the work to protect her and again watch out, she may soon find her way back to power. Ingat ka lang Pnoy!
Isa lang ang remedyo diyan.
Walang interes ang mga nasa Batasan kundi pera.
Impeachment ng mga SC Justices, kapalit ng pork barrel. Ewan ko na lang kung may tatanggi. Kaso kundi ba naman engot, binigyan pa si Putot ng pork barrel na P2.5B. May pang counter-offer agad.
Ang gulo mo Noy! Are you for real?
tounge,
hindi bat 2.5B worth of project yan sa pampanga? DPWH ang hahawak hindi si Gloria… tama ba?
Ala tayong magagawa diyan kasi ang mga Justices sa Supreme Court ay appointed ng Presidente on a fixed term pag may nabakante.
Tougue, I am wondering too kung sino talaga ang annointed ni pandak. Nagsususpetsa ako but I still would like to give Pnoy the benefit of the doubt.
Yang 2.5 billion na yan, maraming botong mababayaran sa tongreso. Konti na lang iwi-withdraw niya sa offshore banks.
Pnoy, pwede ba, huwag ka namang tatanga tanga!
Blame the incompetent legal team of Aquino. EO’s for amnesty proclamation, truth commission and midnight appointments are all PALPAK! BUTAS-BUTAS !
I have reservations ever since its inception and even tempted to think that it’s purposely designed to fail.
How can a commission specifically created to go after a specific government be constitutional? Targeting a specific regime because of corruption is implying that all other previous governments are clean and straight which everybody knew was not the case. Fairness is one characterstic of a democracy, and it’s not fair to pick a government to be investigated just because of a promise made during the election.
Gloria inspired and promoted corruption to its highest level in her years of office. We also know that she placed all her people in the right places in the government bureaucracy to ensure her protection. Knowing that, if the government of Noynoy was really sincere on its promise to prosecute Gloria, should have carefully developed a foolproof plan on how to counter and penetrate the great walls built by Gloria. But in their haste to show that they are up to the job and to show the people that they meant business on what they promised, all they came up was a full of holes and toothless commission; a commission that doesn’t have the power to prosecute, but only to find the crimes of Gloria and company, which by the way already a well-known fact to the people.
Why they opted for a commission rather than going direct to the DOJ was one question that put the whole purpose of seeking justice and put Gloria in her proper place into some kind of a sham.
The legal team of Noynoy should be better advised to learn fast or else, palagi na lang bugbog sarado sila ng SC.
talaga naman unconstitutional ang truth commission benggansya lang yan at papogi ni pnoy. ang dapat tutukan ang ombudsman tanggalin ang maldita at yun ang paganahin.
Diyos mio. Kaya nga fact-finding commission eh. Nasaan na ba ang mga ebidensya para maidiretso sa DOJ ang kaso? Di ba wala? Kahit nga imbestigasyon ng Senado ay bitin kasi di sinisipot ng mga alipores ni GMA. Kung ibibigay mo sa DOJ yan, aabutin ng siyam-siyam ang mga piskal na pagtagpi-tagpiin ang hawak na ebidensiya. Sabi nga ng Inquirer, bakit ang Feliciano Commission na nag imbestiga sa mga Magdalo ay legal. Remember na sila lang ang object of investigation doon. Tapos ang Truth Commission ay unconstitutional? Sus.
It’s about gathering evidence first. Summoning witnesses for documentary/testimonial evidence. Do you really believe na kakayanin ng mga piskal ng DOJ lahat yan what with all the other cases, Ampatuan Massacre is an example, that are pending before the courts? The TC was evisioned to help the DOJ in that aspect. So, short cut na lang? Tutal mainipin naman tayo. Tingin naman natin guilty sila, di ba? Masakerin na lang din natin mga lintek na yan. Justice served? 😛
Henry, huminahon ka! Yung ibibigay na pera sa Truth comission, ibigay na lang sa DOJ para pang-witness protection at pang-research ng mga documents. Kaya lang kailangang maingat si De Lima dito dahil maraming galamay si midget dyan. Ang maghanap ng katulad nila Roque at Saguisag eh di madali. Maraming mga bayarang huwes!
Kung bibigyan na naman si Davide ng “funds” malay mo kung saan saan na naman gamitin ito. Besides, I do not trust this Davide at all!
RE: talaga naman unconstitutional ang truth commission benggansya lang yan at papogi ni pnoy. ang dapat tutukan ang ombudsman tanggalin ang maldita at yun ang paganahin.~bayong
Well, may punto ka Igan…they tried to hirit baka nga naman makascore eh for the 2nd time di ba, sa panahon ni Santi Cory…nagcreate siya by PD at nagkatawang-tao ang PCGG upang habulin daw ang nakaw na yamang ng mga Marcoses at iba pa…pero ano nangyari?
Ngayon…copycat itong si PeNOY, by vested power being a President…heto gamit ulit niya ang PD upang magcreate na naman…at nagkatawang-tao ito, ” TOOTH Commission.”
Ang kaso nabokya kasi di members ng freedom gov’t ang nakaupo sa SC…kundi mga tuta ni Gloria…bwahaha!
To simply matters, dapat implement at sundin ang 1987 constitution, Art. XI… ang linaw di ba, ganito ang isinasaad ng batas…Sect 4. The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law.
Kung marunong mag-isip itong si PeNOY and his yellow wannabees e dapat ang tutukan nila ang Sandigangbayan na siyang may full jurisdiction sa mga usapin may kinalamang kay gloria and her asshole goons.
Kaya dapat si Davide e kasama sa lilitisin kasi isa rin yang naghudas sa ating Saligang Batas eh?
#33
Buti na lang at kumambiyo ng kaunti ngayon si Bigas (para di halata?). During the election campaign, everyone was saying Gloria’s secret candidate was Villar. Kaya nga tinawag na secret hindi natin alam. Pero ngayon, lumalabas na parang si Pnoy. Sana hindi ako magkamali ng hinala dahil kapag tutoo ay sasampalin ko si Kris.
But why? 🙁
That’s not a bad idea! Henry, you are in an excellent position to assemble a hit group… 😛
Noong lider kuno pa si midget, guwardiyado siya kaliwa at kanan. Buong AFP eh bodyguards niya. Ngayon, maliban na lang kung nandiyan ang mga hoodlum niyang private army na katulad ng alaga niyang mga ampatuans, madali lang siyang maitumba. For all the crimes she did to so many people, she should really be so AFRAID!
Agree PSB! she should really be so AFRAID!
Social pa nga ang midget dahil si asspweron pa ang personal bodyguard niya noon.
The decision and dissenting opinions are now available. Magbasa muna, bago magpuna. We talk of due process, let as practice what we preach.
Due process, as I memorized once upon a time, requires the judge to listen before condemning; and to listen to both sides before deciding.
I may have my suspicions, but those suspicions will or will not be fleshed out in the words of the decision. So far, there is one statement that I found worth noting as I did a first skim of the decision:
Emphasis supplied by the Court. The above is found in the last paragraph, before what is called the dispositive portion, that says “Wherefore, the petition is granted”.
Bottom line, pulpol ang nag-draft.
You want to avoid unconstitutionality, sinama sana lahat ng administration, then, you do a benign neglect of allegations regarding Erap, Cory (Babalu), etc. Iba yung constitutional correctness sa tactical finesse.
Tanga.
I only see the dissent of Carpio, Nachura and Abad.
Either there was error in the counting, or Serreno and Carpio-Morales’ opinions have not yet been published.
Note they did not join in the dissent of the three above. Abad joined Carpio’s dissent, although Abad wrote his own dissent.
SnV, I’ll transfer your comments on the decision in the latest post.
“For all the crimes she did to so many people, she should really be so AFRAID!” – psb
Afraid of what!? How can you assassinate her…di nga makita nang assassin. wink!
Incidentally, what is “pulpol”?
Incompetent.
C’est le meme mot en Francais je crois.
tru, kita yan, lalo sa thermal. Kahit yung daga di makakapagtago. Mahirap lang ngayon kasi nagpakulot daw sabi ni chi. Hirap imagine-in ng kutonglupang kulot. bwahaha.
# 68
Ang hina nitong ale sa Tagalog. It means pubic hair.
Pulpol- sa bisaya inutil o’ sablay.
@70: Parang si Doug Flutie, the shortest quarterback in the NFL several years back. Here’s the scenario after Doug rushed for a touchdown:
white defensive lineman: why didn’t you tackle him (Flutie)
black defensive lineman: heck, I didn’t see him!