SC decision should not be hindrance to make Arroyo accountable

By Ellen Tordesillas

Malaya

I’m not surprised that the Supreme Court slammed President Aquino’s Truth Commission, 10-5.

I’m bothered, of course, that we have a Supreme Court, beholden to a person who held power illegally for nine years, plundered taxpayers money and destroyed democratic institutions.

But even if the Truth Commission were declared “constitutional”, I was not really optimistic that Gloria Arroyo would be held accountable because Aquino chose to head it former Supreme Court Hilario Davide, who is also beholden to Arroyo.

I also believe that even without the Truth Commission, Aquino can make Arroyo accountable for her crimes against the Filipino people. What is needed is political will and a brilliant and efficient team to implement that “will.”

The High Court’s decision on the Truth Commission should impel the people to make known their displeasure over their betrayal of the people’s trust in the law. People should mark their name: Renato Corona, Lucas Bersamin, Arturo Brion, Teresita de Castro, Mariano del Castillo, Jose Mendoza, Diosdado Peralta, Jose Perez, Presbitero Velasco, and Martin Villarama.

Maybe it’s high time to stage People Power against the degradation of the Supreme Court. When you meet any one of the 10 justices outside the court, make known your anger. Tell it to their faces. Boo them. Make them uncomfortable. Throw rotten tomatoes or eggs at them.

People should also support justices who keep us from losing our faith in the rule of law in this country: Antonio Carpio, Conchita Carpio-Morales, Roberto Abad, Antonio Nachura, Maria Lourdes Sereno.

Harry Roque of CenterLaw Philippines asks, “Why and how can the search for the truth be unconstitutional ?”

His statement: “Centerlaw expresses its utmost disappointment with the decision of the Supreme Court declaring EO 1 which created the Truth Commission as unconstitutional. While Centerlaw has always maintained that the power of the proposed Commission may be exercised by the Department of Justice and other branches of government while the current Ombudsman has proven itself oblivious to the sins of the past dispensation, still this recent decision declaring EO 1 as unconstitutional would bolster impunity in the country and render nugatory the constitutional precept of accountability of public officers.

“Even assuming that the powers of the Truth Commission would duplicate the powers of the Ombudsman, there is nothing in the constitution that says that the power to enforce the country’s laws on the accountability of public officers is a monopoly of the Ombudsman.

“Neither may it be said that EO 1 violates the equal protection clause. The power of the Commission is only investigatory in nature and hence, its activities could not affect the constitutional rights of anyone under investigation. As a purely investigative body, its powers are clearly executive in nature and hence, it is within the powers of the President to create such a commission and to fund its activities using resources previously allocated by Congress to the Office of the President.

“What is objectionable to this recent decision of the court is its implications. Amidst the failure of the criminal justice system to investigate anyone in the past dispensation, the decision can be read to mean a grant of impunity to the past dispensation. Certainly, it sends a very loud message that this Court cannot be counted upon to support PNoy’s declared promise of promoting honesty in government by taking effective steps to investigate, prosecute and punish those who may have violated our criminal laws on public officers. The ultimate question of course is why and how could the search for the truth be unconstitutional?”

Blogger Olan wrote “Malaking insulto ito sa mahigit 15 milyong bumoto sa pagbabago!”

Terry Rindon of the League of Filipino Students said “Unconstitutionality should not be an excuse by Aquino not to send Arroyo to jail. He should have known the legal infirmity of the TC from the start. We reject this kid glove treatment of GMA and demand that Pnoy do all means to send GMA to justice.”