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The Court has reiterated this "common sense" ruling in People v. Dumlao73 and in Santos v. People,74 for to hold in any other case is utter nonsense as it means successfully granting immunity to all criminals. The fear that the common public will mechanically understand the findings of the Truth Commission because the "fact," and any subsequent opposite findings by the Ombudsman or Sandiganbayan because the "untruth," is misplaced. First, EO 1 is unequivocally clear that the findings of the Truth Commission are neither final nor binding on the Ombudsman, more so on the Sandiganbayan which isn’t even talked about in EO 1. No one studying EO 1 can possibly be deceived or misled that the Ombudsman or the Sandiganbayan are sure by the findings of the Truth Commission.

Its authority beneath Section 3 , Chapter 1, Title III, Book IV in the Revised Administrative Code is certainly not exclusive and, thus, may be shared with a body likewise tasked to research the commission of crimes. Thus, their major objectives range from retribution to reconciliation. The Nuremburg and Tokyo war crime tribunals are examples of a retributory or vindicatory physique set up to attempt to punish these responsible for crimes towards humanity.

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By the latter motion, the President already situates himself and the Executive Department into the justice system in a fashion that the Constitution and the regulation do not enable. Third, the Commission has its personal identification, separate and distinct from the Office of the President, though it nonetheless falls throughout the structural framework of that workplace. The Commission undertakes its own "unbiased" investigation84 that, based on the Solicitor General, is not going to be controlled by the Office of the President;85 and it communicates on its own, underneath its own name, to other branches of government outside of the Executive branch. The Commission has its personal full set of officers, beginning from the Chair and members of the Commission; it has its personal consultants, experts, and staff, though the latter are merely drawn from the Executive department;83 and it even has provisions for its personal finances, though these funds experience on and are to be drawn from the price range of the Office of the President. When an adherent to a systematic faith is brought repeatedly in contact with influences and exposed to needs inconsistent with that faith, a strategy of unconscious cerebration might happen, by which a growing store of hostile psychological inclinations might accumulate, strongly motivating motion and choice, but seldom rising clearly into consciousness.

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An act of the Executive which injures the institution of Congress causes a by-product however nonetheless substantial injury, which can be questioned by a member of Congress. In such a case, any member of Congress can have a resort to the courts. Whether or not petitioners are entitled to injunctive reduction. If any provision of this Order is said unconstitutional, the same shall not have an effect on the validity and effectivity of the opposite provisions hereof. K) Exercise such other acts incident to or are acceptable and needed in connection with the aims and purposes of this Order.

  • Xxx he creation of the Truth Commission just isn’t justified by the president’s power of management.
  • At the very least, subsequently, the prosecutor, in Sandiganbayan instances should, after investigation transmit the information and their decision to the Ombudsman whose prior written authority is needed before the prosecutor can dismiss a grievance or file an information during which latter instance, a deputization of the fiscal is additionally needed.

Nor can this Court be too lively or artistic in advocating a place for or towards a cause with out risking its integrity in the performance of its role as the middle man with the authority to decide disputed constitutional issues. The better course for democracy is to have a Court that holds on to conventional values, departing from these values solely when these values have turn into inconsistent with the spirit and intent of the Constitution. This is how we view our current motion in declaring the invalidity of EO 1. We do not thereby impugn the the Aristocracy of the Executive’s goal of preventing graft and corruption.