Back

Louis "Barok" Biraogo vs. The Philippine Truth Commission [DISSENTING OPINION, CARPIO-MORALES, J]

LOUIS "BAROK" C. BIRAOGO, Petitioner, vs. THE PHILIPPINE TRUTH COMMISSION OF 2010, Respondent. REP. EDCEL C. LAGMAN, REP. RODOLFO B. ALBANO, JR., REP. SIMEON A. DATUMANONG, and REP. ORLANDO B. FUA, SR., Petitioners, vs. EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR. and DEPARTMENT OF BUDGET AND MANAGEMENT SECRETARY FLORENCIO B. ABAD, Respondents.

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

DISSENTING OPINION

CARPIO MORALES, J.:

Assailed for being unconstitutional in the present consolidated cases is Executive Order (EO) No. 1 of July 30, 2010 that created the Philippine Truth Commission of 2010 (Truth Commission).

In issue is whether EO No. 1 violates the Constitution in three ways, viz., (i) for usurping the power of Congress to create public office and appropriate public funds, (ii) for intruding into the independence of the Office of the Ombudsman, and (iii) for infringing on the equal protection clause with its limited scope of investigation.

The ponencia submits the following findings and conclusions which have been...