MANILA, Philippines - The Department of Justice on Monday said it will wait for the creation of a Truth Commission before starting its investigation on a graft complaint against former President Gloria Macapagal Arroyo.

In an interview, Justice Secretary Leila de Lima said she has to wait for the finalization of the executive order for the Truth Comission to avoid duplication or overlapping of tasks considering the President’s earlier pronouncements that the commission’s main task is  to investigate Mrs. Arroyo and her officials implicated in several irregularities involving government contracts.

“We have to see first the final output of the executive order, the parameters and scope, and what are the cases and issues covered by the order so that there will be no duplication of time and efforts.,” De Lima told reporters.

De Lima, however, expects that Mr. Aquino will give the justice department an important role in the Truth Commission, particularly, in the evaluation and gathering of evidence.

“We will certainly help [the Truth Commission]. I’ll expect that  the justice department will be asked to provide assistance...The DOJ will be there to evaluate the evidence, to determine the competent, relevant and material evidence to make up a good and strong case,” she said.

President Aquino, one of Arroyo's fiercest critics, earlier said the Truth Commission would look into "any and all" controversies surrounding the departing president.

He specifically named three issues, the first being allegations she rigged the 2004 elections.

He said the commission would also look into a $329-million Internet broadband deal with a Chinese company that was eventually derailed following accusations Arroyo's allies had illegally profited from the planned contract.

He also said it would probe the alleged misuse by Arroyo's political allies of a 728-million-peso (15.68-million-dollar) government fertilizer fund.

In its complaint, Bayan Muna representatives Teodoro Casiño and Neri Javier Colmenares sued Arroyo for her involvement in the botched US$329.48 million broadband contract with China’s ZTE Corp.

They said Mrs. Arroyo violated the provisions of the Ant-Graft and Corrupt Practices Act when she allowed the approval of the NBN project despite the alleged bribery and other irregularities surrounding the contract.

The Ombudsman, which has jurisdiction over cases involving incumbent and former public officials, has earlier dismissed the complaint against Mrs. Arroyo involving the NBN-ZTE scandal, on the ground of immunity from suit.

Palace defends Davide

Presidential spokesman Edwin Lacierda, meanwhile, defended Aquino's decision appointing former Chief Justice Hilario Davide as head of the Truth Commission. This, after Sen. Jinggoy Estrada questioned Davide's fitness to head the investigation especially since he officiated Arroyo's oath-taking after the 2001 "EDSA Dos" revolution.

"He (President Aquino) already mentioned that he believes in the impartiality, integrity of Chief Justice Davide. And of course we understand why Senator Jinggoy Estrada is biased against Chief Justice Davide. But the President stands by his choice of Chief Justice Davide as the head of the Truth Commission," Lacierda told reporters.

Lacierda said Davide has a free hand in the composition, powers and parameters of the commission. He said the former Chief Justice will also decide if it should investigate corruption scandals of past presidents, not just Arroyo.
 
"If you ask me yes, it will be good also to investigate but it will be up to Chief Justice to define the parameters. As of now he has been given free rein to head the Truth Commission and he will also be given free rein to define what it will involve," he said.

He added that the commission will determine if there is enough evidence to convict the former president of any crimes.
 
"We cannot conclude as to the guilt and innocence. Everybody is presumed to be innocent until proven guilty so ang ginagawa ngayon is to collect evidence. The important thing is once evidence is collected, gathered, it will be so strong that the Ombudsman cannot dismiss the case. That is the goal," he said.