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Biraogo v. Truth Commission, GR No. 192935, Dec. 7, 2010

Domato, Junaid E.

FACTS: Pursuant to the slogan Kung walang corrupt, walang mahirap posed by Pres.
Noynoy Aquino in his campaign for Presidential election, he created Philippine Truth
Commission by virtue of Executive Order No. 1. Said executive order was questioned
by herein petitioners as violative of equal protection clause insofar as its objective is to
investigate large scale graft and corruption during the previous administration under
former president Arroyo. Petitioners contend that it did not meet the requisites for a valid
classification as it singles out the previous administration as its sole object. Respondent,
on the other hand, defended that it was based on widespread reports of large scale
graft and corruption in the previous administration which have eroded public confidence
in public institutions. It further contends that the segregation of the preceding
administration as the object of the fact-finding is warranted by the reality that unlike with
administrations long gone, the current administration will most likely to bear the
immediate consequence of the policies of the previous administration.
ISSUE: Whether or Not the Executive Order No. 1 violates the constitutional guaranty of
equal protection of the laws
HELD: Yes. Executive Order No. 1 should be struck down as 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" only.