Description:This is anexampleofacasewhentheSupremeCourtruledthattheExecutiveOrder issued

bythePresidentwasdeclaredunconstitutional insofar asit isviolativeof the equalprotectionclauseofthe

Constitution.

FACTS: For consideration before the court are two consolidated cases that questions the validity and

constitutionality of the E.O.No. 1,entitledCreating the1 PhilippineTruth Commission of 2010whichwas

signedbythenPresidentAquino.

G.R.No.192935isaspecialcivilactionforprohibitioninstitutedbyBarok.
G.R. No. 193036 is a special civil action for certiorari and prohibition filed by the incumbent
membersoftheHouseofRepresentativesatthattime.

Petitionersasked theCourt to declareitunconstitutionalandtoenjointhePTCfromperformingits

functions.Theyarguedthat:
a) It violates separation of powers as it arrogatesthepower ofthe Congressto createa
publicofficeandappropriatefundsforitsoperation.
b) Under the provision of BookIII, Chapter10,Section31 oftheAdministrativeCodeof1987,
thePresidentdoesnothavethepowertocreateanentirelynewpublicoffice.
c) It illegally amended the Constitution and statutes when it vested the Truth
Commissionwithquasijudicial powers duplicating,

ifnotsuperseding,thoseoftheOffice
of the Ombudsman created under the 1987 Constitution and the DOJ created underthe
AdministrativeCodeof1987.
d) It violates the equal protection clause as it selectively targets for investigation and
prosecution officials and personnel of the previous administration as if corruption istheir
peculiar species even as it excludes those ofthe otheradministrations,past andpresent,
whomaybeindictable.

Respondentsargumentsarethefollowing:
a) the Presidents executive power and power of control necessarily include the inherent
power toconductinvestigations to ensurethat laws are faithfully executedand that,in
any event, the Constitution, Revised Administrative Code of 1987, PD No. 141616 (as
amended), R.A. No. 9970 and settled jurisprudence, authorize the Presidentto createor
formsuchbodies.
b) It does not usurp the power of Congress to appropriate funds because there is no
appropriationbutamereallocationoffunds

alreadyappropriatedbyCongress.

PTC isa meread hoc body formed under the Office of thePresidentwiththeprimarytasktoinvestigatereports of
graft and corruption committed by thirdlevel public officers and employees, their coprincipals, 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. All it cando isgather, collect and
assessevidenceofgraftandcorruptionandmakerecommendations.


c)

The Truth Commission does not duplicate or supersedethefunctionsoftheOmbudsman

and the DOJ, because it is a factfinding body and not a quasijudicial body and its
functionsdonotduplicate,supplantorerodethelattersjurisdiction.
d) The TruthCommission does not violatetheequalprotectionclausebecauseitwasvalidly
createdforlaudablepurposes.

ISSUE:W/NE.O.No.1violatestheequalprotectionclause.

RULING: As stated in 2Section 1,Article III(Billof Rights)of the 1987 Constitution,No personshall be

deprived of life,liberty, orpropertywithout

due process of law,norshallanypersonbedeniedtheequal

protectionofthelaws.

Equal protection requires thatallpersonsorthingssimilarlysituatedshouldbetreatedalike,both

as to rights conferred and responsibilities imposed. So if wanted to be accorded with validity, the
commissionmustalsocover reportsofgraftand corruption in all previous administrations. However,itwas
clear thatthemain objective of the TruthCommission was to investigate andfindout thetruthconcerning
thereportedcasesofgraftandcorruptionduringthe 3Arroyosadministrationonly.

HELD: Thus, E.O. No. 1 wasdeclaredunconstitutional as itviolatestheequalprotectionclause of the

constitution.

File:http://sc.judiciary.gov.ph/jurisprudence/2010/december2010/192935.htm

CaseDigest:https://vbdiaz.wordpress.com/2013/03/28/biraogovsptc/