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Louis "Barok" Biraogo vs. The Philippine Truth Commission [SEPARATE OPINION, BRION, J]

LOUIS "BAROK" C. BIRAOGO, Petitioner, vs. THE PHILIPPINE TRUTH COMMISSION OF 2010, Respondent.

G.R. No. 192935 and G.R. No. 193036 | 2010-12-07

SEPARATE OPINION

BRION, J.:

I concur, through this Separate Opinion, with the conclusion that the Executive Order No. 1 (EO 1 or EO) creating the Truth Commission is fatally defective and thus should be struck down.

I base my conclusion:

(1) On due process grounds;

(2) On the unconstitutional impact of the EO on the established legal framework of the criminal justice system;

(3) On the violation of the rule on separation of powers;

(4) On the violations of the personal rights of the investigated persons and their constitutional right to a fair trial;1 and

(5) On the violation of the equal protection clause.

Two inter-related features of the EO...