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And, finally, the premise of classification must, in general, be so drawn that those who stand in substantially the same place with respect to the regulation are treated alike. No. 1, the powers and features of the Truth Commission do not supplant the powers and features of the Ombudsman.forty Nevertheless, what’s using the Truth Commission if its energy is merely recommendatory? Any discovering of graft and corruption by the Truth Commission is still subject to evaluation by the Office of the Ombudsman, as it is just the Office of the Ombudsman that’s empowered to conduct preliminary investigation, decide the existence of possible cause and prosecute the case. Hence, the creation of the Truth Commission will merely be a waste of cash, since it duplicates the function of the Office of the Ombudsman to investigate reported circumstances of graft and corruption.
The result, unavoidably, is a qualitative change within the felony justice system that is primarily based, not on a legislative coverage change, however on an executive fiat. The EO and its truth-telling operate should even be struck down as they distort the constitutional and statutory plan of the criminal justice system with out the authority of law and with an unconstitutional impact on the system. Otherwise said, the Commission’s publicly introduced conclusions can’t but assume the appearance of truth once they penetrate and effectively colour the public’s perception, by way of repetition with out important contradiction as official government https://millionaire-dating-sites.org/dateamillionaire.html findings. These conclusions thus graduate to the level of "truth" in self-fulfillment of the name the Commission bears; the subtle manipulation of the Commission’s name and functions, fades in the background or just turns into explainable incidents that can’t defeat the accepted fact. At this level within the political development of the nation, the public is already a really important audience who can look at announced outcomes and might type its personal conclusions concerning the culpability or innocence of the investigated persons, regardless of what conclusions investigative commissions could arrive at.
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The majority opinion goes on to counsel that EO 1 could be amended "to include the sooner past administrations" to allow it "to pass the test of reasonableness and not be an affront to the Constitution." Fifth, the 29-month time restrict given to the Truth Commission prevents it from investigating different previous administrations.55 There is also the constraint on the large assets needed to investigate other previous administrations. Just figuring out the transactions, locating related documents, and on the lookout for witnesses would require an entire paperwork. The investigation of such circumstances of graft and corruption as the President might assign to the Commission every so often.
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 realize financial system, simplicity and effectivity doesn’t embody the power to create a wholly new public workplace which was hitherto inexistent just like the "Truth Commission." To transform his campaign slogan into reality, President Aquino found a necessity for a particular physique to analyze reported cases of graft and corruption allegedly committed during the previous administration.
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- The President’s energy of management is the ability to reverse, revise or modify the decisions of subordinate government officials, or substitute his own choice for that of his subordinate, and even make the choice himself with out waiting for the motion of his subordinate.15 This power of control doesn’t involve the power to create a public office.
- The absence of any type of accountability for public officials’ past misconduct of a grave nature and big scale will promote a culture of impunity.
As has been mentioned typically enough, ours is a authorities of laws, not of men. [newline]The effects of truth-telling could go beyond those who have an result on the Ombudsman. If the Ombudsman concurs with the Commission and brings the beneficial graft and corruption expenses before the Sandiganbayan – a constitutionally-established court docket – this court itself would be topic to the same truth-telling problem if it decides to acquit the accused. For that matter, even this Court, might be perceived to have sided with an "untruth" when and if it goes in opposition to the Commission’s report. Thus, the authority, independence, and even the integrity of these constitutional our bodies – the Ombudsman, the Sandiganbayan, and the Supreme Court – would have been effectively compromised, to the prejudice of the justice system.