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Biraogo vs. Philippine Truth Commission
Louis Biraogo vs. Philippine Truth Commission of 2010 and Rep. Edcel Lagman et al. vs. Executive Secretary Pacquito Ochoa et al. are consolidated petitions decided by the Supreme Court of the Philippines invalidating the creation of a truth commission tasked to investigate a previous president.
== Creation of the Truth Commission ==
After a month in office, President Benigno Aquino III issued Executive Order No. 1 (E.O. 1) on July 30, 2010 creating the Philippine Truth Commission (PTC). The PTC was tasked to conduct a thorough fact-finding investigation of reported cases of graft and corruption involving third level public officers during the administration of Aquino's predecessor Gloria Macapagal-Arroyo, and thereafter submit its findings and recommendations to the Office of the President, Congress, and the Ombudsman.
Private citizen Louis Biraogo and a group of congressmen led by Lakas Kampi CMD chairman Rep. Edcel Lagman filed in the Supreme Court separate petitions for certiorari and prohibition assailing the constitutionality of E.O. 1 based on their belief that the creation of the PTC constitutes usurpation of the legislative power to create public office, threatens the independence of the Office of the Ombudsman, and violates the equal protection clause of the Philippine Constitution for specifically targeting certain officials of the Arroyo administration.
The main issues raised before the High Court were: (1) Whether the president can create public office such as the PTC without usurping the powers of Congress; (2) Whether the PTC supplants the powers already vested on the Ombudsman and the Department of Justice (DOJ); and, (3)
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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