'Truth Commission to start hearings once rules of procedure are finalized'

MANILA, Philippines - Former chief justice Hilario Davide Jr., chairman of the Truth Commission, assured the public that once the rules of procedure of the five-man independent panel have been laid down, the hearings on past anomalies in the government would start.

In a telephone interview yesterday, Davide said the commission is still in the process of drafting and finalizing the rules of procedure before any scheduled hearings will have to take place.

“You have to wait for the finalization of the rules of procedure. Probably it will be finished in the next few days. Initially we need to take this up. It has to be promulgated (by the commission) and it requires publication,” Davide said.

He explained that the rules of procedure are necessary as this is the “infrastructure” that will have to determine the “outcome of the commission,” as this will set the parameters and specify who and what cases will be prioritized.

“We don’t have any case or person yet in mind,” said Davide who pointed out that once the rules governing the tasks of the panel have been outlined the panel could investigate the alleged anomalies in the past administration. 

He vowed that the commission would be fair and objective in investigation of alleged anomalies committed in the administration of former president and now Pampanga Rep. Gloria Macapagal-Arroyo and her allies.

“It will be fair and objective as much as possible. It is a real fact-finding commission. It is seeking for the truth so all the elements of virtue and truth, will have to be there,” he told Palace reporters in a chance interview at the Presidential Guesthouse.

President Aquino had administered the oath of office last Sept. 13 on Davide and other Truth Commission members, retired SC justices Flerida Ruth Romero and Romeo Callejo, law professors Carlos Medina and Menardo Guevarra.

Davide said their work would have to push through with the absence of any temporary restraining order issued by the high tribunal, which, he believes, will not be forthcoming.

“I guess so,” was his reply when asked if they can work, but nevertheless stressed they will have to stop once told by the SC. “It depends on what will be the decision of SC. If the court will decide that it is unconstitutional, then we will stop our work.”

“We do believe otherwise (no TRO will be issued). We have to start the work because there is no TRO that was issued and the non-issuance of a TRO would indicate as a matter procedure that the commission may somehow move forward,” Davide said earlier.

He refused to discuss details on how the commission would work, which would be discussed in their meeting.

Davide said the commission might hold office at the former Office of the Vice President at the Philippine International Convention Center in Pasay City.

Palace defends Truth Commission at SC

The Palace defended before the Supreme Court yesterday President Aquino’s first executive order creating a truth commission that would investigate alleged anomalies that hounded the nine-year term of former President Gloria Macapagal-Arroyo.

In an oral argument, Solicitor General Jose Anselmo Cadiz contested the allegation of allies of Mrs. Arroyo led by House Minority Leader Edcel Lagman that the truth commission violated the Constitution, saying the creation of the body was a “a result of clamor of our people for closure to massive graft and corruption allegations against the previous administration.”

Lagman and colleagues Rodolfo Albano Jr. of Isabela, Simeon Datumanong of Maguindanao, and Orlando Fua Jr. of Siquijor have filed the petition through lawyer Johween Atienza.

They did not include the President in the list of respondents in the case, which includes Executive Secretary Paquito Ochoa Jr. and Budget Secretary Florencio Abad.

Under EO 1 signed by Mr. Aquino last July 30, the truth commission is tasked to “investigate allegations of anomalies during the last nine years” of the Arroyo administration.

Cadiz argued that EO 1 does not violate the separation of powers of the executive and legislative branches as provided by Article VI Section 1 and Article VII Sections 1 and 17 of the Constitution because the truth body has no quasi-judicial powers, which require a law and could not be given by mere executive order.

“The reports of the truth commission are only recommendatory. It has no quasi-judicial powers,” Cadiz told the High Court.

Cadiz explained that Congress does not have to create the commission since the agency does not require congressional appropriations.

He said the Office of the President would shoulder the operational expenses of the commission. – With Edu Punay