MANILA, Philippines - The Supreme Court (SC) asked Malacañang yesterday to hold implementation of Executive Order 1 pending resolution of petitions questioning the legality of the Truth Commission.
Speaking to reporters, SC spokesman Midas Marquez said priority has been given to the petitions on orders of Chief Justice Renato Corona.
“We know that the case is being heard orally by the Court,” he said.
“It would be best if Executive Order No. 1 will not be implemented for the meantime.”
Oral arguments on the petition of House Minority Leader Edcel Lagman were held last Sept. 7 and would continue on Sept. 28, he added.
However, Marquez said implementation of EO 1 in the absence of any restraining order would be at the executive’s discretion.
It would be “more difficult” if Malacañang implements the order and the SC later issues an unfavorable ruling, he added.
Davide: No stopping Truth Commission
Former ambassador Hilario Davide Jr. is bent on convening the Truth Commission today since the SC has not issued any temporary restraining order.
“We will meet tomorrow as an en banc already, all of us, and we can start deliberating on the proposed rules of procedure because the very basic that we have to have is rules of procedure,” he said.
Davide, Truth Commission chairman, said they would start work and would only stop upon the SC’s order.
“It depends on what will be the decision of Supreme Court,” he said.
“If the court will decide that it is unconstitutional, then we will stop our work.”
President Aquino had administered Davide’s oath, along with the other members of the Truth Commission: retired SC justices Romeo Callejo Sr. and Flerida Ruth Romero, Ateneo law professor Carlos Medina and lawyer Menardo Guevarra at Malacañang.
Davide said they need not await the SC ruling on the Truth Commission’s legality.
“We do believe otherwise,” he said.
“We have to start the work because there is no TRO that was issued and the non-issuance of a TRO would indicate that the commission may somehow move forward.”
The Truth Commission is tasked to investigate alleged cases of graft and corruption in the Arroyo administration. – Edu Punay, Aurea Calica, Jose Rodel Clapano, Delon Porcalla