9/6/2019 Case Digest: LOUIS 'BAROK' C. BIRAOGO v.

PHILIPPINE TRUTH COMMISSION OF 2010

by Bryan Briosos
    
LOUIS 'BAROK' C. BIRAOGO v. PHILIPPINE TRUTH COMMISSION OF 2010, GR No. 192935, 2010-12-07
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Facts:

For consideration before the Court are two consolidated cases[5] both of which essentially assail the validity
and constitutionality of Executive Order No. 1, dated July 30, 2010, entitled "Creating the Philippine Truth
Commission of 2010."

The rst case is G.R. No. 192935, a special civil action for prohibition instituted by petitioner Louis Biraogo
(Biraogo) in his capacity as a citizen and taxpayer. Biraogo assails Executive Order No. 1 for being violative of
the legislative power of Congress under

Section 1, Article VI of the Constitution[6] as it usurps the constitutional authority of the legislature to create
a public of ce and to appropriate funds therefor.[7]

The second case, G.R. No. 193036, is a special civil action for certiorari and prohibition led by petitioners
Edcel C. Lagman, Rodolfo B. Albano Jr., Simeon A. Datumanong, and Orlando B. Fua, Sr. (petitioners-
legislators) as incumbent members of the House of

Representatives.

The genesis of the foregoing cases can be traced to the events prior to the historic May 2010 elections, when
then Senator Benigno Simeon Aquino III declared his staunch condemnation of graft and corruption with his
slogan, "Kung walang corrupt, walang mahirap." The

Filipino people, convinced of his sincerity and of his ability to carry out this noble objective, catapulted the
good senator to the presidency.

To transform his campaign slogan into reality, President Aquino found a need for a special body to investigate
reported cases of graft and corruption allegedly committed during the previous administration.

Thus, at the dawn of his administration, the President on July 30, 2010, signed Executive Order No. 1
establishing the Philippine Truth Commission of 2010 (Truth Commission).

the Philippine Truth Commission (PTC) is a mere ad hoc body formed under the Of ce of the President with
the primary task to investigate reports of graft and corruption committed by third-level public of cers... and
employees, their co-principals, accomplices and accessories during the previous administration, and
thereafter to submit its nding and recommendations to the President, Congress and the Ombudsman.
Though it has been described as an "independent collegial body," it is... essentially an entity within the Of ce
of the President Proper and subject to his control.  Doubtless, it constitutes a public of ce, as an ad hoc body
is one.

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To accomplish its task, the PTC shall have all the powers of an investigative body under Section 37, Chapter 9,
Book I of the Administrative Code of 1987.  It is not, however, a quasi-judicial body as it cannot adjudicate,
arbitrate, resolve, settle, or render awards in... disputes between contending parties.  All it can do is gather,
collect and assess evidence of graft and corruption and make recommendations.  It may have subpoena
powers but it has no power to cite people in contempt, much less order their arrest.  Although it is... a fact-
nding body, it cannot determine from such facts if probable cause exists as to warrant the ling of an
information in our courts of law. Needless to state, it cannot impose criminal, civil or administrative penalties
or sanctions.

The PTC is different from the truth commissions in other countries which have been created as of cial,
transitory and non-judicial fact- nding bodies "to establish the facts and context of serious violations of
human rights or of international humanitarian law in a country's... past."[9] They are usually established by
states emerging from periods of internal unrest, civil strife or authoritarianism to serve as mechanisms for
transitional justice.

Truth commissions have been described as bodies that share the following characteristics: (1) they examine
only past events; (2) they investigate patterns of abuse committed over a period of time, as opposed to a
particular event; (3) they are temporary bodies that nish their... work with the submission of a report
containing conclusions and recommendations; and (4) they are of cially sanctioned, authorized or
empowered by the State.[10] "Commission's members are usually empowered to conduct research, support
victims, and propose... policy recommendations to prevent recurrence of crimes. Through their investigations,
the commissions may aim to discover and learn more about past abuses, or formally acknowledge them. They
may aim to prepare the way for prosecutions and recommend institutional... reforms."[11]

Thus, their main goals range from retribution to reconciliation.  The Nuremburg and Tokyo war crime
tribunals are examples of a retributory or vindicatory body set up to try and punish those responsible for
crimes against humanity. A form of a reconciliatory tribunal is the

Truth and Reconciliation Commission of South Africa, the principal function of which was to heal the wounds
of past violence and to prevent future con ict by providing a cathartic experience for victims.

Issues:

1. Whether or not the petitioners have the legal standing to le their respective petitions and question
Executive Order No. 1;

2. Whether or not Executive Order No. 1 violates the principle of separation of powers by usurping the
powers of Congress to create and to appropriate funds for public of ces, agencies and commissions;

3. Whether or not Executive Order No. 1 supplants the powers of the Ombudsman and the DOJ;

Does the creation of the PTC fall within the ambit of the power to reorganize as expressed in Section 31 of
the Revised Administrative Code?... is there a valid delegation of power from Congress, empowering the
President to create a public of ce?... whether or not the Supreme Court, in the exercise of its constitutionally
mandated power of Judicial Review with respect to recent initiatives of the legislature and the executive
department, is exercising undue... interference.

Is the Highest Tribunal, which is expected to be the protector of the Constitution, itself guilty of violating
fundamental tenets like the doctrine of separation of powers?

Ruling:

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Evidently, their petition primarily invokes usurpation of the power of the Congress as a body to which they
belong as members.  This certainly... justi es their resolve to take the cudgels for Congress as an institution
and present the complaints on the usurpation of their power and rights as members of the legislature before
the Court.

Indeed, legislators have a legal standing to see to it that the prerogative, powers and privileges vested by the
Constitution in their of ce remain inviolate. Thus, they are allowed to question the validity of any of cial
action which, to their mind, infringes on their... prerogatives as legislators.

With regard to Biraogo, the OSG argues that, as a taxpayer, he has no standing to question the creation of the
PTC and the budget for its operations.

As correctly pointed out by the OSG, Biraogo has not shown that he sustained, or is in danger of sustaining,
any personal and direct injury attributable to the implementation of Executive Order No. 1.

Notwithstanding, the Court leans on the doctrine that "the rule on standing is a matter of procedure, hence,
can be relaxed for nontraditional plaintiffs like ordinary citizens, taxpayers, and legislators when the public
interest so requires, such as when the matter is of... transcendental importance, of overreaching signi cance
to society, or of paramount public interest."

Section 31 contemplates "reorganization" as limited by the following functional... and structural lines: (1)
restructuring the internal organization of the Of ce of the President Proper by abolishing, consolidating or
merging units thereof or transferring functions from one unit to another; (2) transferring any function under
the Of ce of the President to... any other Department/Agency or vice versa; or (3) transferring any agency
under the Of ce of the President to any other Department/Agency or vice versa.  Clearly, the provision refers
to reduction of personnel, consolidation of of ces, or abolition thereof by reason of... economy or redundancy
of functions. These point to situations where a body or an of ce is already existent but a modi cation or
alteration thereof has to be effected. The creation of an of ce is nowhere mentioned, much less envisioned in
said provision. Accordingly, the... answer to the question is in the negative.

The Court, however, declines to recognize P.D. No. 1416 as a justi cation for the President to create a public
of ce.  Said decree is already stale, anachronistic and inoperable. P.D. No. 1416 was a delegation to then
President Marcos of the authority to reorganize the... administrative structure of the national government
including the power to create of ces and transfer appropriations pursuant to one of the purposes of the
decree, embodied in its last "Whereas" clause:

WHEREAS, the transition towards the parliamentary form of government will necessitate exibility in the
organization of the national government.

Clearly, as it was only for the purpose of providing manageability and resiliency during the interim, P.D. No.
1416, as amended by P.D. No. 1772, became functus o cio upon the convening of the First Congress, as
expressly provided in Section 6, Article XVIII of the 1987

Constitution.

While the power to create a truth commission cannot pass muster on the basis of P.D. No. 1416 as amended
by P.D. No. 1772, the creation of the PTC nds justi cation under Section 17, Article VII of the Constitution,
imposing upon the President the duty to ensure that the laws... are faithfully executed. Section 17 reads:

Section 17. The President shall have control of all the executive departments, bureaus, and of ces. He shall
ensure that the laws be faithfully executed. (Emphasis supplied).

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the allocation of power in the three principal branches of government is a grant of all powers inherent in
them. The President's power to conduct investigations to aid him in ensuring the faithful execution of laws - in
this case,... fundamental laws on public accountability and transparency - is inherent in the President's
powers as the Chief Executive. That the authority of the President to conduct investigations and to create
bodies to execute this power is not explicitly mentioned in the Constitution or... in statutes does not mean
that he is bereft of such authority.

The President's power to conduct investigations to ensure that laws are faithfully executed is well
recognized.  It ows from the faithful-execution clause of the Constitution under Article VII, Section 17
thereof.[56]  As the Chief

Executive, the president represents the government as a whole and sees to it that all laws are enforced by the
of cials and employees of his department.  He has the authority to directly assume the functions of the
executive department.[57]

Invoking this authority, the President constituted the PTC to primarily investigate reports of graft and
corruption and to recommend the appropriate action.  As previously stated, no quasi-judicial powers have
been vested in the said body as it cannot adjudicate rights of... persons who come before it. It has been said
that "Quasi-judicial powers involve the power to hear and determine questions of fact to which the legislative
policy is to apply and to decide in accordance with the standards laid down by law itself in enforcing and
administering... the same law."[58] In simpler terms, judicial discretion is involved in the exercise of these
quasi-judicial power, such that it is exclusively vested in the judiciary and must be clearly authorized by the
legislature in the case of administrative... agencies.

Fact- nding is not adjudication and it cannot be likened to the judicial function of a court of justice, or even a
quasi-judicial agency or of ce. The function of receiving evidence and ascertaining therefrom the facts of a
controversy is not a judicial function. To be... considered as such, the act of receiving evidence and arriving at
factual conclusions in a controversy must be accompanied by the authority of applying the law to the factual
conclusions to the end that the controversy may be decided or resolved authoritatively, nally and...
de nitively, subject to appeals or modes of review as may be provided by law.

The actual prosecution of suspected offenders, much less adjudication on the merits of the charges against...
them,[63] is certainly not a function given to the commission.

The... function of determining probable cause for the ling of the appropriate complaints before the courts
remains to be with the DOJ and the Ombudsman.

At any rate, the Ombudsman's power to investigate under R.A. No. 6770 is not exclusive but is shared with
other similarly authorized government agencies.

The act of investigation by the Ombudsman... contemplates the conduct of a preliminary investigation or the
determination of the existence of probable cause.  This is categorically out of the PTC's sphere of functions. 
Its power to investigate is... limited to obtaining facts so that it can advise and guide the President in the
performance of his duties relative to the execution and enforcement of the laws of the land. In this regard, the
PTC commits no act of usurpation of the Ombudsman's primordial duties.

The same holds true with respect to the DOJ.  Its authority under Section 3 (2), Chapter 1, Title III, Book IV in
the Revised Administrative Code is by no means exclusive and, thus, can be shared with a body likewise
tasked to investigate the commission of crimes.

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Finally, nowhere in Executive Order No. 1 can it be inferred that the ndings of the PTC are to be accorded
conclusiveness.

These of ces, therefore, are not deprived of their mandated duties but will instead be aided by the reports of
the PTC for possible indictments... for violations of graft laws.

The Philippine Supreme Court, according to Article VIII, Section 1 of the 1987 Constitution, is vested with
Judicial Power that "includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to... determine whether or not there has been a grave of
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of
the government."

Furthermore, in Section 4(2) thereof, it is vested with the power of judicial review which is the power to
declare a treaty, international or executive agreement, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation unconstitutional. This power... also includes the duty to rule on the
constitutionality of the application, or operation of presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations. These provisions, however, have been fertile grounds of con ict between
the Supreme Court,... on one hand, and the two co-equal bodies of government, on the other.  Many times the
Court has been accused of asserting superiority over the other departments.

To answer this accusation, the words of Justice Laurel would be a good source of enlightenment, to wit: "And
when the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the
other departments; it does not in reality nullify or... invalidate an act of the legislature, but only asserts the
solemn and sacred obligation assigned to it by the Constitution to determine con icting claims of authority
under the Constitution and to establish for the parties in an actual controversy the rights which that...
instrument secures and guarantees to them."[107]

Thus, the Court, in exercising its power of judicial review, is not imposing its own will upon a co-equal body
but rather simply making sure that any act of government is done in consonance with the authorities and
rights allocated to it by the Constitution. And, if after said... review, the Court nds no constitutional
violations of any sort, then, it has no more authority of proscribing the actions under review. Otherwise, the
Court will not be deterred to pronounce said act as void and unconstitutional.

Principles:

The role of the Constitution cannot be overlooked. It is through the Constitution that the fundamental
powers of government are established, limited and de ned, and by which these powers are distributed among
the several departments.[2] The Constitution is... the basic and paramount law to which all other laws must
conform and to which all persons, including the highest of cials of the land, must defer.[3] Constitutional
doctrines must remain steadfast no matter what may be the tides of time. It cannot be... simply made to sway
and accommodate the call of situations and much more tailor itself to the whims and caprices of government
and the people who run it.[4]

Like almost all powers conferred by the Constitution, the power of judicial review is subject to limitations, to
wit: (1) there must be an actual case or controversy calling for the exercise of judicial power; (2) the person
challenging the act must have the standing to question... the validity of the subject act or issuance; otherwise
stated, he must have a personal and substantial interest in the case such that he has sustained, or will sustain,
direct injury as a result of its enforcement; (3) the question of constitutionality must be raised at the... earliest
opportunity; and (4) the issue of constitutionality must be the very lis mota of the case.

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Locus standi is de ned as "a right of appearance in a court of justice on a given question."  In private suits,
standing is governed by the "real-parties-in interest" rule as contained in Section 2, Rule 3 of the 1997 Rules
of Civil Procedure, as... amended. It provides that "every action must be prosecuted or defended in the name
of the real party in interest."  Accordingly, the "real-party-in interest" is "the party who stands to be bene ted
or injured by the judgment in the suit or the party entitled to the... avails of the suit." Succinctly put, the
plaintiff's standing is based on his own right to the relief sought.

The distinction between the power to investigate and the power to adjudicate was delineated by the Court in
Cariño v. Commission on Human Rights.[59] Thus:

"Investigate," commonly understood, means to examine, explore, inquire or delve or probe into, research on,
study. The dictionary de nition of "investigate" is "to observe or study closely: inquire into systematically: "to
search or inquire into: x x to... subject to an of cial probe x x: to conduct an of cial inquiry." The purpose of
investigation, of course, is to discover, to nd out, to learn, obtain information. Nowhere included or intimated
is the notion of settling, deciding or resolving a controversy involved in the... facts inquired into by application
of the law to the facts established by the inquiry.

The legal meaning of "investigate" is essentially the same: "(t)o follow up step by step by patient inquiry or
observation. To trace or track; to search into; to examine and inquire into with care and accuracy; to nd out
by careful inquisition; examination; the taking of... evidence; a legal inquiry;" "to inquire; to make an
investigation," "investigation" being in turn described as "(a)n administrative function, the exercise of which
ordinarily does not require a hearing. 2 Am J2d Adm L Sec. 257; x x an inquiry, judicial or otherwise, for the...
discovery and collection of facts concerning a certain matter or matters."

"Adjudicate," commonly or popularly understood, means to adjudge, arbitrate, judge, decide, determine,
resolve, rule on, settle. The dictionary de nes the term as "to settle nally (the rights and duties of the parties
to a court case) on the merits of issues raised: x... x to pass judgment on: settle judicially: x x act as judge." And
"adjudge" means "to decide or rule upon as a judge or with judicial or quasi-judicial powers: x x to award or
grant judicially in a case of controversy x x."

In the legal sense, "adjudicate" means: "To settle in the exercise of judicial authority. To determine nally.
Synonymous with adjudge in its strictest sense;" and "adjudge" means: "To pass on judicially, to decide, settle
or decree, or to sentence or condemn. x x.

Implies a judicial determination of a fact, and the entry of a judgment." [Italics included. Citations Omitted]

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