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Likewise, the power to determine if there could be affordable floor to believe that certain persons are answerable for graft and corruption under pertinent relevant legal guidelines is quasi-judicial in nature because it is akin to the discretion exercised by a prosecutor in the determination of possible cause throughout a preliminary investigation. It includes a judicial (or quasi-judicial) appraisal of the facts for the purpose of determining if a violation has in fact been committed. They imagine that, pursuant to his power of management and general supervision beneath Article VII of the Constitution,33 the President can create an ad-hoc committee like the Truth Commission to investigate graft and corruption instances. And the President can endow it with authority parallel to that of the Ombudsman to conduct preliminary investigations. Citing Ombudsman v. Galicia34 the power of the Ombudsman to conduct preliminary investigations is not exclusive but shared with different equally approved government agencies. E.O. No. 1 violates the equal safety clause because it selectively targets for investigation and prosecution officials and personnel of the previous administration as if corruption is their peculiar species even because it excludes these of the other administrations, previous and present, who may be indictable.
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- Neither may the creation of the Truth Commission be made to relaxation for its validity on the reality that the Constitution, by way of its Section 17, Article VII, invests the President with the obligation to ensure that the legal guidelines are faithfully executed.
The Executive can even designate officers and staff of the Executive Department 79 to undertake fact-finding investigation for its use pursuant to the huge powers and duties of the Presidency, nevertheless it can’t create a separate physique, in the way and beneath the terms it created the Truth Commission, with out offending the Constitution. Without doubt, the method of converting to a new perception is an unavoidable and steady course of that each choice maker undergoes as the assumption system he started with, changes and evolves by way of in-court experiences and exposure to outside influences. Such publicity can’t be faulted, notably when brought on by the media working pursuant to its train of the freedoms of the press and speech, and speaking in the middle of the conflict of ideas within the public discussion board. The similar exposure, however, just isn’t as impartial and fault-free when it is precipitated by the government performing as a catalytic agent to hasten the achievement of its own ends, in this case, the disclosure of the "reality" regarding the alleged graft and corruption during the previous regime.
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I entertain no doubt that respondents consciously and intentionally determined to focus on the corrupt actions reportedly dedicated through the earlier administration. For respondents to admit that the selection was inadvertent is worse. The ponencia, nonetheless, is fast to ascribe intentional discrimination from the mere incontrovertible reality that the classification was intentional. To knowingly classify per se is not synonymous to intentional discrimination, which brings me to the next level that the classification is germane to the purpose of the law. The Executive Department’s dedication of the futility or redundancy of investigating other administrations must be accorded respect. Respondents having manifested that pertinent and credible information are already in their arms or within the archives, petitioners’ thought of an all-encompassing de novo inquiry turns into tenuous as it goes past what the Executive Department needs.