“Their truth commission is obviously not a neutral or objective body as it is composed of partisan people hired by Mr. Benitez (Mayor Alfredo Benitez) and his close associates.”
This was stressed by Dr. Chris Sorongon, spokesperson of former Bacolod City Mayor Evelio Leonardia, after the camp of the new administration of Mayor Benitez, who officially assumed his post at 12 noon yesterday, June 30, earlier cited over P1.5 billion worth of alleged questionable transactions made under the administration of Leonardia from 2017 to 2020.
Sorongon, in a statement, said the Bacolodnons should be warned of the real motives behind this illegal and unconstitutional truth commission as it was established only to destroy Leonardia because they still consider him a threat to their political agenda.
“It came as no surprise that the incoming administration, through its mouthpieces, resumed its ‘fireworks’ Tuesday, June 28, by attacking and discrediting Leonardia at a press conference, where they reportedly circulated the ‘initial findings’ of their ‘truth commission’ that was tasked to look into, investigate and assess the financial transactions of the current dispensation. Understandably, they have to make a noise as paid propagandists to earn their keep. Otherwise, they will have no place in the new government,” he said.
Sorongon added that the legal luminaries are starting to question the legality or validity of the creation of the “much-hyped truth commission.”
What was the basis for its creation? Was there an executive order signed by Benitez to establish the same? Under what capacity? Is there a law mandating its existence?, he asked.
Sorongon noted that Benitez assumed his office at 12 noon of June 30, but their truth commission released its initial findings on June 28.
"From what we understand, Mr. Benitez has yet to assume the mayorship noontime of June 30, 2022 but from the looks of it, the so-called truth commission has already been fully functional for weeks based on media accounts,” Sorongon said.
Leonardia’s spokesperson said: “I cannot overemphasize the fact that the Leonardia administration has been consistently transparent and had subjected itself to all regulations set by the Commission on Audit (COA).”
He added that strict compliance and adherence to the COA rules, in fact, are among the basis why the local government unit received scores of national and regional awards, including the Seal of Good Local Governance and the Seal of Good Financial Housekeeping from the Department of Interior and Local Government, no less.
Sorongon cited that in a not-so-distant past 12 years ago, upon his assumption as chief executive, the late President Benigno Simeon "Noynoy" Aquino III signed Executive Order (EO) No. 1 sometime in July 2010, establishing the "Philippine Truth Commission (PTC).
The PTC was tasked to investigate alleged corruption committed by Aquino's predecessor, former President Gloria Macapagal-Arroyo, Sorongon said.
Five months later, on December 7, 2010, the Supreme Court en banc declared Aquino's Executive Order No. 1 creating the PTC as "unconstitutional" following the petition filed by Louis "Barok" Biraogo against the Philippine Truth Commission (G.R. No. 192935), he said.
A similar petition, he said, was lodged by Representatives Edcel C. Lagman, Rodolfo B. Albano Jr., Simeon A. Datumanong and Orlando B. Fua against Executive Secretary Paquito N. Ochoa and Budget Secretary Florencio B. Abad (G.R. No. 193036).
The Supreme Court (SC), in its decision, primarily cited that EO No. 1 is in violation of the "equal protection clause" guaranteed by the Constitution, Sorongon said.
As the Aquino PTC was mandated to probe only alleged irregularities of the Arroyo administration, the majority of the magistrates of the High Tribunal argued the Commission can be a vehicle for vindictiveness, he said.
The succeeding Motion for Reconsideration filed by the Aquino government asking the SC to reverse its earlier ruling yielded a similar result. With finality, the High Court ruled the PTC as illegal, therefore, unconstitutional ('Truth' commission illegal, SC rules with finality, by Tetch Torres, INQUIRER.net, July 26, 2011), the statement said.
“As with the Benitez’s truth commission, its creation is not covered by any Executive Order similar to the EO No. 1 of the late President Aquino. It is clearly a vehicle for political vendetta, a tool for propaganda to discredit only the good image of Mayor Leonardia, a zarzuela, a colorum if you may want to call it, a venue for witch-hunting coupled with malicious imputations, a channel for trial by publicity laced with defamatory labels,” it added.
Lawyer Lyzander Dilag, spokesperson of Benitez earlier said that upon the assumption of office of the incoming mayor, he will issue an EO creating a committee that will help ensure a clean and transparent government.
Dubbed "Truth Commission," the committee will also be tasked to adopt some of the best practices of local government units (LGUs), Dilag said.
Lawyer Karol Joseph Chiu, secretary to the mayor of the Benitez administration, said the fact-sheet that was earlier released by their camp will be a starting point.
“The primary purpose of the committee that will be created is to establish the good practices or good governance in the city and not to destroy the name of Leonardia,” he said.
He added the fact-sheet was based on the public record or the COA’s record.*