Aquino signs order creating Truth Commission

MANILA -- President Benigno Aquino III signed on Friday Executive Order 1, creating the Truth Commission that is tasked to investigate allegations of corruption, poll fraud, and rights abuses of the previous administration.

"Today I signed Executive Order No. 1, establishing a commission to investigate allegations of anomalies during the last nine years. The process of bringing a necessary closure to the allegations of official wrongdoing and impunity has begun," the President said.

Updates on President Benigno Aquino III's presidency

The Truth Commission is tasked to find veracity on reports of graft and corruption of the preceding government that "such scale and magnitude that shock and offend moral and ethical sensibilities of the people."

Justice Secretary Leila de Lima explained that they had avoided identifying specific cases to investigate since some are "unquantifiable."

She said those who will be subjected to investigation are third level officials, and higher, and even private sector that had anomalous transactions during the administration of former President Gloria Macapagal-Arroyo.

The power and functions of the commission include:

a) Identify and determine the reported cases of graft and corruption, which it will investigate;

b) Collect, receive, review, and evaluate evidence related to or regarding the cases of large-scale corruption, which it has chosen to investigate, and to this end, require any agency, official or employee of the Executive Branch, including government-owned or controlled corporations, to produce documents, books, records and other papers;

c) Upon proper request or representation, obtain information and documents from the Senate and the House of Representatives records of investigations conducted by committees thereof relating to matters or subjects being investigated by the commission;

d) Upon proper request and representation, obtain information from the courts, including the Sandiganbayan and the Office of the Court Administrator, information or documents in respect to corruption cases filed with the Sandiganbayan or the regular courts, as the case may be;

e) Invite or subpoena witnesses and take their testimonies and for that purpose, administer oaths or affirmations as the case may be;

f) Recommend, in cases where there is a need to utilize any person as a state witness to ensure that the ends of justice be fully served, that such person who qualifies as a state witness under the Revised Rules of Court of the Philippines be admitted for that purpose;

g) Turn over from time to time, for expeditious prosecution, to the appropriate prosecutorial authorities by means of a special or interim report and recommendation, all evidence on corruption of public officers and employees and their private sector co-principals, accomplices or accessories, if any, when in the course of its investigation the commission finds that there is reasonable ground to believe that they are liable for graft and corruption under pertinent applicable laws;

h) Call upon any government investigation or prosecutorial agency such as the Department of Justice or any of the agencies under it, and the Presidential Anti-Graft Commission, for such assistance and cooperation as it may require in the discharge of its functions and duties;

i) Engage or contract the services of resource persons, professionals and other personnel determined by it as necessary to carry its mandate;

j) Promulgate its rules and regulations or rules of procedure it deems necessary to effectively and efficiently carry out the objectives of this Administrative Order and to ensure the orderly conduct of its investigations, proceedings and hearings, including the presentation of evidence;

k) Exercise such other acts incident to or are appropriate and necessary in connection with the objectives and purposes of this order;

The findings and recommendations of the commission will be submitted to the President, Congress, and Ombudsman.

De Lima said they do not see it as hindrance although Ombudsman Merceditas Gutierrez is perceived to be an ally of President Arroyo.

"Whatever the stand of the Ombudsman, the Truth Commission will just have to do its work and make appropriate recommendations," she said.

The proceeding of the commission shall be in accordance with the rules promulgated by the commission. Hearings and proceedings of the commission shall be open to the public.

However, the commission, upon the request of the person testifying, can hold an executive or closed door hearing where matters of national security or public safety are involved or when the personal safety of the witness warrants the holding of the executive or closed door hearing.

The commission could seek protection for the witnesses by tapping the Philippine National Police and appropriate agencies.

It will be headed by former Chief Justice Hilario Davide. There will be four other officials of commission including General Counsel, Deputy General Counsel, Special Counsel, and Clerk of the Commission.

The commission will have a maximum of 10 members but it will still depend on President Aquino's decision.

Detailed officers and personnel may be paid honoraria or allowances as may be authorized by law, subject to pertinent accounting and auditing rules and procedures.

Section 17 of the EO stated that the President could expand the mandate of the commission to include investigation of cases of graft and corruption prior to the Arroyo administration.

The commission will be funded by the Office of the President and will consider holding office at the former office of the Vice President at the Philippine International Convention Center. (Jill Beltran/Sunnex)