Biraogo v. Philippine Truth Commission of 2010, G.R. Nos.

192935, 193036, 7
 
December 2010

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. They argued that:

(a) E.O. No. 1 violates separation of powers as it arrogates the power of the Congress to create
a public office and appropriate funds for its operation.

(b) The provision of Book III, Chapter 10, Section 31 of the Administrative Code of 1987 cannot
legitimize E.O. No. 1 because the delegated authority of the President to structurally reorganize
the Office of the President to achieve economy, simplicity and efficiency does not include the
power to create an entirely new public office which was hitherto inexistent like the “Truth
Commission.”

(c) E.O. No. 1 illegally amended the Constitution and statutes when it vested the “Truth
Commission” with quasi-judicial powers duplicating, if not superseding, those of the Office of the
Ombudsman created under the 1987 Constitution and the DOJ created under the Administrative
Code of 1987.

(d) E.O. No. 1 violates the equal protection clause as it selectively targets for investigation and
prosecution officials and personnel of the previous administration as if corruption is their
peculiar species even as it excludes those of the other administrations, past and present, who
may be indictable.

Respondents, through OSG, questioned the legal standing of petitioners and argued that:

1] E.O. No. 1 does not arrogate the powers of Congress because the President’s executive
power and power of control necessarily include the inherent power to conduct investigations to
ensure that laws are faithfully executed and 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 President to create or form such bodies.
2] E.O. No. 1 does not usurp the power of Congress to appropriate funds because there is no
appropriation but a mere allocation of funds already appropriated by Congress.

3] The Truth Commission does not duplicate or supersede the functions of the Ombudsman and
the DOJ, because it is a fact-finding body and not a quasi-judicial body and its functions do not
duplicate, supplant or erode the latter’s jurisdiction.

4] The Truth Commission does not violate the equal protection clause because it was validly
created for laudable purposes.

Issue: 1. WON the petitioners have legal standing to file the petitions and question E. O. No. 1; 

Held: 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.

1. The petition primarily invokes usurpation of the power of the Congress as a body to which
they belong as members. To the extent the powers of Congress are impaired, so is the power of
each member thereof, since his office confers a right to participate in the exercise of the powers
of that institution.

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

With regard to Biraogo, he has not shown that he sustained, or is in danger of sustaining, any
personal and direct injury attributable to the implementation of E. O. No. 1.

Locus standi is “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. It provides that “every action must be
prosecuted or defended in the name of the real party in interest.” Real-party-in interest is “the
party who stands to be benefited or injured by the judgment in the suit or the party entitled to the
avails of the suit.”

Difficulty of determining locus standi arises in public suits. Here, the plaintiff who asserts a
“public right” in assailing an allegedly illegal official action, does so as a representative of the
general public. He has to show that he is entitled to seek judicial protection. He has to make out
a sufficient interest in the vindication of the public order and the securing of relief as a “citizen”
or “taxpayer.

The person who impugns the validity of a statute must have “a personal and substantial interest
in the case such that he has sustained, or will sustain direct injury as a result.” The Court,
however, finds reason in Biraogo’s assertion that the petition covers matters of transcendental
importance to justify the exercise of jurisdiction by the Court. There are constitutional issues in
the petition which deserve the attention of this Court in view of their seriousness, novelty and
weight as precedents

The Executive is given much leeway in ensuring that our laws are faithfully executed. The
powers of the President are not limited to those specific powers under the Constitution. One of
the recognized powers of the President granted pursuant to this constitutionally-mandated duty
is the power to create ad hoc committees. This flows from the obvious need to ascertain facts
and determine if laws have been faithfully executed. The purpose of allowing ad hoc
investigating bodies to exist is to allow an inquiry into matters which the President is entitled to
know so that he can be properly advised and guided in the performance of his duties relative to
the execution and enforcement of the laws of the land.