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The act of investigation by the Ombudsman as enunciated above contemplates the conduct of a preliminary investigation or the willpower of the existence of possible cause. This is categorically out of the PTC’s sphere of functions. Its power to analyze is restricted to acquiring facts in order that it may possibly advise and guide the President within the performance of his duties relative to the execution and enforcement of the laws of the land. In this regard, the PTC commits no act of usurpation of the Ombudsman’s primordial duties.

At any fee, it doesn’t mean that when the President created the Truth Commission, he shut the door to the investigation of corruption dedicated in the course of the 66 years earlier than the previous one. All current government businesses that are charged with unearthing crimes dedicated by public officers aren’t precluded from following up leads and uncovering corruptions dedicated through the earlier years. Those corrupt officers of the distant past haven’t gained immunity by reason of Executive Order 1.

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O. No. 1 is being attacked on the ground that it violates the equal protection clause. In creating the Truth Commission, did the President merely train his persevering with authority to reorganize the chief department? The question is whether or not or not Congress, by legislation, has delegated to the Chief Executive this power to create a public office. The Court tried to hunt steering from the pronouncement within the case of Virata v. Sandiganbayan,106 that the "PCGG Charter (composed of Executive Orders Nos. 1, 2 and 14) doesn’t violate the equal safety clause." The decision, however, was devoid of any dialogue on how such conclusory statement was arrived at, the principal concern in said case being only the sufficiency of a explanation for motion. Investigate and prosecute on its own or on complaint by any particular person, any act or omission of any public officer or employee, workplace or company, when such act or omission seems to be illegal, unjust, improper or inefficient. It has primary jurisdiction over circumstances cognizable by the Sandiganbayan and, within the exercise of its major jurisdiction, it might take over, at any stage, from any investigatory agency of government, the investigation of such circumstances.

• It bears noting at the outset that none of the petitioners properly raises the difficulty of equal protection of the laws.
• To strike down the PTC’s mandate to analyze the previous administration simply because different administrations usually are not instantly included is tantamount to saying that a police investigation of a recent homicide case is violative of equal protection as a result of there are different prior but equally heinous murders that remain uninvestigated and unsolved by the police.

Any finding of graft and corruption by the Truth Commission continues to be topic to evaluation by the Office of the Ombudsman, as it is only the Office of the Ombudsman that is 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 money see this page www.allseniordating.com, because it duplicates the function of the Office of the Ombudsman to analyze reported circumstances of graft and corruption. Considering all of the foregoing dialogue, I should, regrettably, disagree with the suggestion. Herein enshrined are motherhood statements— exhortations for public officers to comply with.

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The source of the quotations featured in Justice Brion’s Concurring Opinion is entitled "Adherence to Precedent. The Subconscious Element in the Judicial Process. Conclusion," fourth in a sequence of lectures delivered by Justice Cardozo at Yale University and subsequently revealed as a guide. In the lecture, Justice Cardozo spoke in regards to the gaps left by absence of precedents in techniques of regulation, the development of rules to address these gaps, and adherence to the rule of precedent. By ignoring the Filipino public’s expertise as a witness to the frustration of makes an attempt to carry the past administration accountable for its reported misdeeds, and framing it as a substitute as a group that stands ready to convict past officials on the bar of public opinion, the Concurring Opinion turns social reality on its head. It minimizes the standing of the Filipino people as a bunch wronged by the imbalance of power and the betrayal of public belief. It ascribes an excess of strength to public opinion and grounds its logic on fear of the common public appearing as an offended mob.

It excludes from its purview the graft and the grafters of administrations prior to the final one. Graft is not unique to the earlier presidency alone, therefore there is no justification to restrict the scope of the mandate only to the earlier administration. In this regard, it must be borne in mind that the Arroyo administration is however just a member of a category, that’s, a category of past administrations. Not to incorporate past administrations equally situated constitutes arbitrariness which the equal safety clause can’t sanction. Such discriminating differentiation clearly reverberates to label the commission as a car for vindictiveness and selective retribution.