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The present Truth Commission working beneath the phrases of the EO, however, introduces a model new twist that the public and the country haven’t met earlier than. For the first time, a Truth Commission, tasked with a truth-telling function, shall converse on the "truth" of what acts of graft and corruption were actually dedicated and who the responsible parties are. This official communication from a governmental physique – the Truth Commission – whose specific mandate is to seek out and "inform the truth" can not but make a distinction in the public notion. The "Who Fears the Truth?" arguments, on the other hand, utterly miss the point of this Separate Opinion. This Opinion does not dispute that past graft and corruption must investigated and fully uncovered; any assertion on the contrary within the Dissent are unfounded rhetoric written solely for its personal partisan audience.
Third, all the past Presidents, aside from Presidents Ramos, Estrada and Arroyo, are already dead. The potential witnesses to alleged acts of graft and corruption in the course of the Presidencies of the deceased presidents may be useless or unavailable. In fact, the one dwelling President whose administration has not been investigated by its successor administration is President Arroyo. The investigation of such instances of graft and corruption because the President might assign to the Commission every so often. These fact-finding investigations don’t involve criminal or quasi-criminal circumstances cognizable by the Sandiganbayan.
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It just isn’t violated by an inexpensive classification based mostly upon substantial distinctions, where the classification is germane to the purpose of the regulation and applies equally to all those belonging to the same class. The equal safety clause just isn’t infringed by laws which applies solely to these individuals falling inside a specified class, if it applies alike to all individuals within such class, and reasonable grounds exist for making a distinction between those who fall within the class and folks who don’t. There is, of course, no concise or simple answer as to what an arbitrary classification is. No particular rule has been or may be laid down on the idea of which such query may be resolved.
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This aim assumes significance given the Solicitor General’s statement that truth-telling is an finish in itself. Read with what Justice Cardozo said, this objective interprets to the more concrete and presently understandable purpose – to establish the "truth" as a half of the accepted public perception; the EO’s purpose is achieved regardless of what the pertinent adjudicatory our bodies may conclude, as even they could be influenced by the commonly accepted "reality." Otherwise acknowledged, the Commission’s publicly announced conclusions can’t however assume the appearance of truth as soon as they penetrate and successfully shade the public’s notion, via repetition without significant contradiction as official government findings. These conclusions thus graduate to the extent of "fact" in self-fulfillment of the name the Commission bears; the refined manipulation of the Commission’s name and functions, fades within the background or just turns into explainable incidents that can’t defeat the accepted fact. To recognize the extent of this downside, it have to be thought of that the hearings or proceedings, the place charges of graft and corruption shall be aired, shall be open to the basic public.
- MA. CONSOLIZA P. LAGUARDIA, in her capability as Chairperson of the Movie and Television Review and Classification Board, MOVIE AND TELEVISION REVIEW AND CLASSIFICATION BOARD, JESSIE L. GALAPON, ANABEL M. DELA CRUZ, MANUEL M. HERNANDEZ, JOSE L. LOPEZ, CRISANTO SORIANO, BERNABE S. YARIA, JR., MICHAEL M. SANDOVAL, and ROLDAN A. GAVINO, Respondents.
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