Biraogo vs PTC

FACTS:
Pres. Aquino signed E. O. No. 1 establishing Philippine Truth Commission of 2010 (PTC) dated July 30, 2010.PTC is a
mere ad hoc body formed under the Office of the President with the primary task to investigate reports of graft and
corruption committed by third-level public officers and employees, their co-principals, accomplices and accessories
during the previous administration, and to submit its finding and recommendations to the President, Congress and the
Ombudsman. PTC has all the powers of an investigative body. But it is not 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-finding body, it cannot determine from such facts if
probable cause exists as to warrant the filing of an information in our courts of law. Petitioners asked the Court to declare
it unconstitutional and to enjoin the PTC from performing its functions.
Issue:
WON the EO no.1 Violates the Art 7 Sec 1 of Constitution.
Ruling:
No, Sec1 Art 7 Vests executive power in the president of the Philippines, executive power is briefly described as the
power to enforce and administer the laws. Relevant to the power of the president as plenitude of authority, it is found n the
Art 7 that the president is vested on the powers to control and the power to take care clause. Section 7 is self-executing,
the Power to control is directly derived from the constitution and not from legislation and the power to take care is to
laws are faithfully executed makes the president a dominant figure in the administration of the government. But the
petitions are GRANTED. Executive Order No. 1 is hereby declared UNCONSTITUTIONAL insofar as it is violative of
the equal protection clause of the Constitution.