Palace urged to wait for Supreme Court ruling on truth commission

MANILA, Philippines - Malacañang was urged yesterday to take back its order for the Truth Commission to start this week its duty of investigating major anomalies that hounded the nine-year administration of former President Gloria Macapagal-Arroyo.

Poll lawyer Romulo Macalintal said a case on the legality of the truth body is pending in the Supreme Court and “judicial courtesy” dictates that the Palace should refrain from acting on the issue.

Macalintal said the SC might be convinced or compelled to issue a temporary restraining order or status quo order against the commission because of the “ill advised directive of President Aquino.”

“While a TRO was not issued by the Supreme Court when Congressman Edcel Lagman filed his petition against the implementation of the executive order creating the Truth Commission, judicial courtesy demands that the government observe the status quo considering that it was given a very short period of time to comment on the petition and an oral argument was called by the Court,” he appealed.

Macalintal said such directive from President Aquino also undermines effort of the High Court to resolve the issue expeditiously.

“Practitioners in the Supreme Court would agree that this action by the court could only mean that it is giving the petition its utmost priority and that the same would be decided with immediate dispatch.

“Hence, there is no need to rush for the implementation of the Truth Commission while the petition is prioritized by the Court,” he lamented.

He also argued that while it is within the discretion of the administration to implement an order, there is no urgency to immediately start the investigation of the truth body.

“To direct the Truth Commission to start its work at this time may give the impression that the government is trying to pressure the Supreme Court to decide in its favor to the prejudice of the petitioner because some issues he raised in his petition may then become moot and academic,” he explained.

Meantime, a senior member of the House of Representatives hit Malacañang officials yesterday for their propaganda campaign to promote the creation of the Truth Commission while its legality is still being questioned before the SC.

“Presidential spokesperson Edwin Lacierda is blinded by an obstinate desire for propaganda when he said that those who have committed no wrong should not be afraid of the Truth Commission,” House Minority Leader and Albay Rep. Edcel Lagman said.

“Lacierda refuses to understand that the challenge against the commission (before the SC) is not because of fear but is motivated by the duty to uphold the Constitution and the rule of law,” he said.

He pointed out the commission is not being questioned to block the investigation and prosecution of officials of the Arroyo administration who can be brought before existing investigative and prosecutorial agencies like the Department of Justice and the Ombudsman without inventing the Truth Commission.

“Whether the commission is a toothless tiger for want of subpoena and coercive powers or a ferocious lion for having been granted quasi-judicial authority, it must be struck down for being a constitutional aberration,” Lagman, who presented oral arguments before the SC last week, said.

– With Paolo Romero