BIRAOGO V.

PHILIPPINE TRUTH COMMISSION 2010,

G. R. No. 192935. December 7, 2010 (CASE DIGEST)
CONSTITUTIONAL LAW I CASE DIGEST
TOPIC: POWERS OF THE EXECUTIVE
LOUIS "BAROK" C. BIRAOGO, petitioner, v.
THE PHILIPPINE TRUTH COMMISSION OF 2010,
respondent.
G.R No. 192935. December 7, 2010
REP. EDCEL C. LAGMAN, REP. RODOLFO B.
ALBANO, RR., REP. SIMEON A. DATUMANONG, and
REP. ORLANDO B. FUA, SR., petitioner, v.
EXECUTIVE
SECRETARY
AND
MANAGEMENT
SECRETARY FLORENCIO B. ABAD, respondent.
G.R. No. 193036. December 7, 2010
MENDOZA, J.:

FACT:
E.O No. 1 establishing the Philippine Truth Commission (PTC) of
2010 was signed by President Aquino. The said PTC is a mere branch
formed under the Office of the President tasked to investigate
reports of graft and corruption committed by third-level public
officers and employees, their co-principals, accomplices and
accessories during the previous administration and submit their
findings and recommendations to the President, Congress and the
Ombudsman. However, PTC is not a quasi-judicial body, it cannot
adjudicate, arbitrate, resolve, settle or render awards in disputes
between parties. Its job is to investigate, collect and asses
evidences gathered and make recommendations. It has subpoena powers
but it has no power to cite people in contempt or even arrest. It
cannot determine for such facts if probable cause exist as to
warrant the filing of an information in our courts of law.

Petitioners contends
grounds that.

the

Constitutionality

of

the

E.O.

on

the

It violates separation of powers as it arrogates the power of

Congress to create a public office and appropriate funds for its
operation;

The provisions of Book III, Chapter 10, Section 31 of the

Administrative Code of 1987 cannot legitimize E.O. No. 1 because
the delegated authority of the President to structurally reorganize
the Office of the President to achieve economy, simplicity, and
efficiency does not include the power to create an entirely new
office was inexistent like the Truth Commission;

The E.O illegally amended the Constitution when it made the

Truth Commission and vesting it the power duplicating and even
exceeding those of the Office of the Ombudsman and the DOJ.

It violates the equal protection clause

ISSUE:
WHETHER OR NOT the said E.O is unconstitutional.

RULING:
Yes, E.O No. 1 should be struck down as it is violative of the
equal protection clause. The Chief Executives power to create the
Ad hoc Investigating Committee cannot be doubted. Having been
constitutionally granted full control of the Executive Department,
to which respondents belong, the President has the obligation to
ensure that all executive officials and employees faithfully comply
with the law. With AO 298 as mandate, the legality of the
investigation is sustained. Such validity is not affected by the
fact that the investigating team and the PCAGC had the same
composition, or that the former used the offices and facilities of
the latter in conducting the inquiry.