MANILA, Philippines - House Minority Leader Edcel Lagman on Tuesday urged the Supreme Court to nullify Executive Order No. 1 creating the Truth Commission because it violates the principle of separation of powers and supersedes the Ombudsman’s jurisdiction to hear and prosecute graft cases involving government officials.

Speaking in the oral arguments on the constitutionality of EO 1, Lagman said the commission, which is tasked to investigate the anomalies during the 9-year term of former President Gloria Macapagal Arroyo, was created with too much power that it has already stepped on the rights of constitutionally-created bodies.

He said the Truth Commission was not created as an adjunct agency of the Office of the President considering that it is an independent body and has quasi-judicial power.

He said the truth body also supplants the functions and powers of the Ombudsman and the Department of Justice even as its budget lacks transparency and limit.
 
Associate Justice Ma. Lourdes Sereno questioned Lagman on the reason why he is opposing the creation of the Truth Commission considering that this might put closure to the public perception of widespread graft and corruption during the Arroyo administration.
 
He answered: “We don’t welcome this particular closure because as a matter of fact it might not be closure at all. It could be used as a launching pad for prosecution and conviction by publicity.”

Lagman said the executive order lacks transparency because “ no specific amount is appropriated, no ceiling is provided and no definitive funding source is identified” for the commission.
 
He said the order also violates the equal protection clause as the commission singles out for investigation and eventual prosecution those connected with the Arroyo administration “as if graft was unique to them and corruption was their species.”
 
Lagman and other minority lawmakers filed the petition before the Court last August seeking to prevent President Aquino from implementing EO 1.

The Court will resume the oral arguments next Tuesday where Solicitor General Jose Anselmo Cadiz is expected to defend the creation of the Truth Commission.