In creating the Truth Commission, did the President merely exercise his continuing authority to reorganize the manager department? Finally, nowhere in Executive Order No. 1 can it’s inferred that the findings of the PTC are to be accorded conclusiveness. Much like its predecessors, the Davide Commission, the Feliciano Commission and the Zenarosa Commission, its findings would, at best https://www.richsinglesonline.com, be recommendatory in nature. And being so, the Ombudsman and the DOJ have a wider diploma of latitude to determine whether or not or to not reject the recommendation.
EO 1 does not confine the mandate of the Truth Commission solely to alleged acts of graft and corruption in the course of the Arroyo Administration. If and when within the judgment of the President there is a have to increase the mandate of the Commission as defined in Section 1 hereof to incorporate the investigation of instances and cases of graft and corruption during the prior administrations, such mandate may be prolonged accordingly by the use of a supplemental Executive Order. Fourth, as most Filipinos know, many persons who endure preliminary investigation and are charged for fee of crimes are finally acquitted by the trial courts, and even by the appellate courts. In quick, the concern that the basic public shall be misled that the findings of the Truth Commission is the unerring gospel fact is more imagined than real.
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There is not any substantial distinction between the corruption which occurred in the course of the previous administration and the corruption of the administrations previous to it. Allegations of graft and corruption within the government are sadly prevalent no matter who the President occurs to be. Respondents’ claim of widespread systemic corruption is not distinctive only to the previous administration.
Clearly, if courts can’t exercise the Executive’s "special province" to resolve whether or to not indict, which is the equal of willpower of possible cause, with greater purpose courts can’t exercise the Executive’s "special province" to resolve what or what to not examine for administrative fact-finding purposes. The name of a government fee, office or entity doesn’t determine its nature, powers or capabilities. The specific provisions of the constitution creating the fee, office or entity determine its nature, powers or capabilities. The name of the commission, office or entity isn’t essential and may even be deceptive. For example, the term Ombudsman connotes a male official however no one in his proper mind will argue that a feminine can’t be an Ombudsman.
At the identical time, he claims that the Commissioners 111 are independent of the President, apparently as a result of the President has waived his power of control over them. If the President cannot give the official label of fact independently of the courts in a fact-finding in a legal case, either by himself or through the Department of Justice, it solely follows that he can not delegate this task to any assistant, advisor, or subordinate, even granting that he can order a fact-finding investigation based on the powers of his workplace. This truth-telling perform differentiates the Truth Commission from other commissions constituted prior to now such because the Agrava, Feliciano and Melo Commissions; the pronouncements of the latter our bodies didn’t carry the imprimatur of reality, and were mere preliminary findings for the President’s consideration. The Executive can, no doubt, recommend that specific violators be prosecuted and the basis for this advice needn’t even come from the Department of Justice; the idea will be the findings of the Office of the President itself independently of its Department of Justice. Notably, the other branches of presidency can also, and do in reality, make recommendations to the Ombudsman in the way that Congress, in the middle of its fact-finding for legislative functions, unearths anomalies that it reports to the Ombudsman. Even the Supreme Court recommends that Judiciary officers and workers discovered administratively liable be also criminally prosecuted.