COMMONSENSE
By Marichu A. Villanueva
The Philippine Star

The latest official words from the legal advisers of President Benigno “Noynoy” Aquino lll is that Malacañang is preparing to issue another presidential fiat to replace Executive Order (EO) No. 1 on the faulty crafted Truth Commission. That is, if the Supreme Court (SC) upholds its ruling that nullified EO 1 as “unconstitutional.”

If we are to believe Justice Secretary Leila de Lima, the Palace might likely take this route of action following the legal setback the Aquino administration had with the majority ruling of the SC against EO 1. That is, again, if the opinion of the DOJ Secretary holds sway with the President.

President Aquino has repeatedly expressed his determination to proceed with the Truth Commission until his administration was stopped in its track by the SC decision on EO 1. The SC decided that EO 1 violated the equal protection clause guaranteed under the 1987 Constitution in going after the reported anomalies during the administration of former President Gloria Macapagal-Arroyo.

Ten justices voted against EO 1, including SC chief justice Renato Corona, while four cast dissenting votes and one abstention. The battle over EO 1 has unfortunately caused the judiciary to lose its bid to get their allocations for the unpaid allowances of judges that was cut by half in the 2011 budget.

It is worth to note, though, that the Aquino administration is trying to keep close within the democratic process even as some of his staunch allies in Congress have to resort to arm-twisting and back-room deals in their bid to save EO 1.

Although the Palace had earlier filed a motion for reconsideration, the legal advisers of the President are obviously realistic enough not to expect a reversal by the SC of their majority ruling. In fact, the legal eagles of the Chief Executive headed by Executive Secretary Paquito “Jojo” Ochoa met in Malacañang on Monday in a bid to reformulate their legal courses of action.

Called to the Palace gab were Truth Commission members led by its chairman retired SC chief justice Hilario Davide Jr. Also summoned to the meeting were officials of the Presidential Commission on Good Government (PCGG) chaired by Andy Bautista.

Mr. Aquino earlier complained that the SC has been biased when they voided EO 1. He cited that the Truth Commission is no different from the commissions created by his predecessors, including the PCGG that was created by his late mother, former President Cory Aquino. The PCGG was created on Feb. 28, 1986 when then President Aquino was still exercising both legislative and executive powers under the so-called Freedom Constitution.

Being explored by the Palace are four legal options available for the Aquino administration to pursue the prosecution of officials involved in the reported anomalies during the previous administration.

For now, the Palace has already proceeded with its first legal option of appealing the SC ruling through MR. It is now pending resolution before the High Tribunal. The second option is for the President to issue an amending EO to replace the nullified EO 1.

The third option suggested by both pro-administration and opposition ranks in Congress is for the President to forget about the Truth Commission and just make do of an existing agency like the PCGG to do this job.

However, the PCGG suffers credibility problems due to the notoriety it has earned through its now 25 years of existence. Blame it on bad fiscal agents and controversial lifestyles of PCGG commissioners who have come and gone in this agency.

But then again, the PCGG is now composed of commissioners who were selected by the Chief Executive. Bautista is the dean of the Far Eastern University College of Law. The President’s three other appointed PCGG commissioners are Gerald Mosquera (a second placer in the Bar examinations); Ateneo Law School valedictorian Maita Chan-Gonzaga; and Chevening scholar and Evelio Javier Leadership awardee Richard Amurao. There is still one vacant slot for a PCGG commissioner.

But with such crop of young, idealistic, and brilliant lawyers, it should not be a problem if President Aquino should decide instead to tap the PCGG for this task to go after the suspected ill-gotten wealth of Arroyo and her officials during their nine years in office.

As chairman of the PCGG, Bautista has earlier recommended to President Aquino to wind down the operations of his agency within a two-year time frame. The proposed winding down of the PCGG would be contained in a proposed bill that would be submitted to the 15th Congress.

If it ever comes to pass at the 15th Congress, the possible abolition of the PCGG would ironically have the blessings of former First Lady and now Leyte Rep. Imelda Romualdez-Marcos and her son, now Senator Ferdinand “Bongbong” Marcos Jr. The Marcos family are the chief defendants in the ill-gotten wealth cases filed by the PCGG before the Ombudsman and the Sandiganbayan and other courts here and abroad.

As contemplated by this proposal, the supervision of all pending cases against the Marcoses and their cronies can be transferred to a special committee of the Department of Finance. The sequestered and/or surrendered properties and assets under the custody of the PCGG shall be transferred for disposition by the privatization management office in the Finance Department. The investigation and prosecution of cases presently being handled by, and for the Commission shall be transferred to the DOJ.

The President has not indicated yet if he would agree to wind down the PCGG that has become a legacy of her late mother’s war against corruption.

Or, the Palace may opt to look at its fourth option, that is, to create an internal ad hoc committee. However, that would merely become a toothless fact-finding body vested without any subpoena powers.

Coming up with a legally acceptable body to pin down ex-President Arroyo in a big-time graft case is indeed a challenge for the legal eagles at the Palace. It’s like coming up with a hat trick where the magician would pull a rabbit out of it. Anything can happen in 2011 — the Year of the Rabbit.

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