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Now the work to achieve closure

begins.

Efforts to make ex-president Gloria Arroyo

and her allies accountable for

irregularities under her watch, including

the Hello Garci election fraud scandal,

have officially started with the formal

creation of the Philippine Truth Commission

of 2010.

President Aquino signed Friday Executive

Order No. 1 creating the commission that

will investigate reports of graft and

corruption of such scale and magnitude that

shock and offend the moral and ethical

sensibilities of the people.

The independent collegial body chaired by

retired chief justice Hilario Davide Jr.

will have four more commissioners. It has

until Dec 31, 2012, to complete its work,

with formal hearings most likely to begin

next year, justice secretary Leila de Lima

said at a press briefing in Malacaang.

Reading from the order, De Lima said the

hearings would be open to the public but

that closed-door sessions would be conducted

for matters of national security or public

safety, including the safety of witnesses.

In a statement read by his spokesperson,

Edwin Lacierda, the President said: The

process of bringing a necessary closure to

the allegations of official wrongdoing and

impunity has begun.

He added in Filipino: (The commissions)

job is to investigate and seek the truth in

the grave allegations of graft and

corruption during the past nine years that

allegedly involved government officials and

their conspirators in the private sector.

Shortly before signing the order, Aquino

observed that critics were already

commenting on the commission although it

had yet to begin its work. A lot of the

people who are complaining about it seem to

be the people who might be part of the

process, he said.

Broad scope

De Lima said EO No. 1 was crafted in such a

way that it would be broad enough to

include cases such as Arroyos purported

manipulation of the 2004 presidential

election.

This has something to do with the (phone)

call, with the rigging of the 2004 election.

You cannot quantify that so we made it this

way, she said.

Presidential legal counsel Ed de Mesa

expressed confidence that the Supreme Court

would sustain the validity of the truth

commission should the matter be raised

before it.

De Lima acknowledged criticisms that the

commission might duplicate the functions of

the justice department.

At first glance, it seems to be a

duplication of the DOJ and even of the

Ombudsman, she said. But no, because the

reason we have this particular mechanism is

because the President wants a more focused

and expeditious disposition of cases to

really put a closure to these very important

issues hounding our society.

The commission will specifically investigate

cases involving third-level public officers

and higher, their co-principals, accomplices

and accessories from the private sector.

Powers

In seeking closure to controversies that

occurred from 2001 to 2009, Aquino clothed

the truth commission with the power tosubpoena respondents and documents.

De Lima said public officials and employees

ignoring summonses would be subjected to

appropriate administrative and disciplinary

proceedings.

Those in the private sector would be dealt

with in accordance with law (and) can also

be criminally prosecuted for, lets say,

obstruction of justice or perjury, she said.

The commission is empowered to collect,

receive, review and evaluate evidence

related to or regarding the cases of large-

scale corruption which it has chosen to

investigate, and to this end, require any

agency, official or employee of the

executive branch, including government-owned

and -controlled corporations (GOCCs), to

produce documents, books, records, and other

papers.

It can obtain information and documents

from the Senate and the House of

Representatives records of investigationsconducted by committees, as well as those

from the courts, including the

Sandiganbayan and the Office of the Court

Administrator, in connection with

corruption cases filed before them.

The commission can also call upon any

government investigative or prosecutorial

agency such as the DOJ or any of the

agencies under it, and the Presidential

Anti-Graft Commission, for such assistance

and cooperation as it may require in the

discharge of its functions and duties.

To ensure that witnesses will be encouraged

to come forward, the commission is empowered

to seek protection for them, mainly through

the Philippine National Police.

Section 10 of EO No. 1 directs all

government departments, including GOCCs, to

extend such assistance and cooperation as

the commission may need.

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Recommendatory

But despite these powers, the commissions

findings will ultimately be recommendatory

and will be submitted to the President,

Congress, and the Office of the Ombudsman.

Asked about perceptions that Ombudsman

Merceditas Gutierrez is biased in favour of

Arroyo, now the representative of Pampangassecond district, De Mesa said: The

commission will complete its course

regardless of the Ombudsman and submit its

findings to the Ombudsman or other

appropriate bodies (to) take charge of

prosecution.

EO No. 1 contains a provision allowing the

President to expand the mandate of the

commission to include the investigation of

cases and instances of graft and corruption

during the prior administrations, meaning

those that had taken place before Arroyoassumed office in 2001.

But De Lima ruled out the possibility of

such expanded coverage to look into graft

and corruption cases that might also take

place under the present administration.

We have existing laws (to deal with such

cases). We have existing mechanisms, she

said.

Reminder

In an interview with the Inquirer, Renato

Reyes Jr., secretary general of the militant

Bagong Alyansang Makabayan (Bayan), said the

criticism aired regarding the truth

commission was intended to remind the

(Aquino administration) that the people are

expecting accountability and justice to

happen.

They shouldnt take it the wrong way or be

defensive about it, he said.

Reyes expressed concern that only graft and

corruption and election fraud were being

mentioned as the issues that the commission

would investigate. He said its mandate

should include cases of human rights

violations and the killings of journalists

and leftist activists.

The executive order should clarify the

scope (of investigation)... It shouldnt

avoid extrajudicial killings and human

rights abuses because these are essential,

he said.

Reyes also said it would be interesting to

know if the commission would interact with

other groups to make Arroyo liable (for the

irregularities).

Or will it be independent and work alone,

and not receive evidence from other groups?

he said, adding:

Will it be open to suggestions and

cooperation from cause-oriented groups that

have been at the forefront of investigating

Arroyo since 2004?

Tons of evidence

Reyes said Bayan and other groups had

compiled tons of evidence but that these

gathered dust after the impeachment

complaints filed against Arroyo in the House

of Representatives failed to prosper.

Wed like to know if this (evidence) would

be put to good use by the truth commission,

he said.