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In like manner, it’s cheap for President P-Noy to trigger the investigation of the anomalies reportedly dedicated during the previous administration to which he succeeded. He has to find government funds that have not been accounted for. He has to stanch the bleeding that the government might be suffering even now by purpose of anomalous contracts which might be still on-going.
It additionally undergirds the moral legitimacy of political administrations. This political contract between President Aquino and the Filipino folks is a potent drive that should be viewed with the same seriousness because the 1987 Constitution, whose authority is only maintained by the persevering with assent thereto of the same Filipino people. A fact-finding investigation of “earlier previous administrations,” spanning 111 years punctuated by two world wars, a struggle for independence, and several other rebellions ─ would clearly be an unimaginable task to undertake for an ad hoc physique just like the Truth Commission. To insist that “earlier past administrations” should also be investigated by the Truth Commission, along with the Arroyo administration, is utterly bereft of any affordable foundation other than to stop completely the investigation of the Arroyo administration. No nation on this planet has even attempted to assign to a minimal of one ad-hoc fact-finding body the investigation of all its senior public officials prior to now 100 years.
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“Investigation” in Section 1 of Executive Order No. 1 is identical as preliminary investigation and its conduct by the Truth Commission can’t be impartial of the Ombudsman. The Truth Commission can’t exist outdoors the Ombudsman. Executive Order No. 1 so places the Truth Commission and, is, therefore unconstitutional. As extensively mentioned earlier on this Opinion, truth-telling just isn’t an odd task, as the Commission’s reports to the federal government and the basic public are already given the imprimatur of fact method earlier than the allegations of graft and corruption are ever proven in court docket. This characteristic, by itself, is a novel differential remedy that can’t but be thought-about within the application of the jurisprudential equal protection clause necessities. Under the 1987 Constitution, the authority to create workplaces is lodged completely in Congress.
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This line of labor effectively relates it to the processes of the felony justice system. Certainly, there is a regulation, the Administrative Code, which authorized the Office of the President to exercise jurisdiction concurrent with the Ombudsman to conduct preliminary investigation of graft and corruption cases. However, the scope and focus of its preliminary investigation are restricted. Under the principle https://richsingleman.org/How-to-deal-with-online-dating-burnout.html that the ability to nominate contains the power to take away, each President has had his or her personal version of a presidential committee to investigate graft and corruption, the final being President Gloria Macapagal Arroyo’s Presidential Anti-Graft Commission under E.O.
President and Congress in crafting government and legislative responses to particular acts or events of grave nationwide significance. Clearly, fact-finding investigations by their very nature must have a particular focus. The President can expand the mandate of the Truth Commission to investigate alleged graft and corruption cases of different past administrations even as its primary task is to research the Arroyo administration. EO 1 doesn’t confine the mandate of the Truth Commission solely to alleged acts of graft and corruption in the course of the Arroyo Administration.