By David Dizon, abs-cbnNEWS.com
Posted at 12/09/2010 4:43 PM | Updated as of 12/09/2010 4:43 PM
US has its 9/11, Philippines has its 12/7, says ex-Chief Justice
MANILA, Philippines - Former Chief Justice Hilario Davide on Thursday chastised his former colleagues in the Supreme Court for scrapping a presidential order creating a Truth Commission that will investigate corruption cases during the 9-year term of former President Gloria Macapagal Arroyo.
Davide, chairman of the commission, denied that Executive Order 1 (EO 1) was unconstitutional for trespassing on the powers of Congress and violating the equal protection clause for the former president.
"I have unceasingly prayed that the present Supreme Court would act with utmost objectivity and wisdom, avoid partisan political consideration and will focus itself only on the noble objectives of EO 1, which, without any doubt whatsoever, does not suffer from any constitutional ambiguity or infirmity," he said in a speech before the United Nations Development Programme Forum.
Davide said December 7, 2010, or the date when the Supreme Court announced its decision on EO 1, was a sad day for Filipinos.
He added that the decision could even be likened in impact to the September 11 tragedy, adding that he hopes that the SC decision will strengthen the resolve of Filipinos to eradicate graft and corruption. "The US has its 9-11, the Philippines has now its 12-7," he said.
The former SC chief said the Supreme Court decision threatens to destroy one of the pillars of a new culture of honesty and good governance envisioned and designed by President Benigno Aquino III, which would replace the culture of impunity rampant during the previous administration.
He said he expects the Solicitor General to file a motion for reconsideration on the SC decision. "I hope and pray that the Supreme Court will re-examine its position and grant the motion," he said.
Pattern of abuse
Davide said the role of the Truth Commission is not to prosecute an individual or hear cases, which is the role of the courts.
Instead, he described the commission as a transitional justice mechanism that would allow the present administration to investigate the pattern of abuses by the previous government. He also noted that the commission is only recommendatory in nature and would be dissolved by December 2012.
Davide said one problem faced by a state in transition is how to address the problem of past abuses of former leaders. "Should we forgive the wrongdoers and forget the criminal acts or should it seek the truth about those abuses and hold the perpetrators accountable?" he asked.
The former Chief Justice said truth commissions are an international phenomenon used to investigate incidents of political killings, disappearances and torture.
He said the Philippine Truth Commission would be the first to address large-scale graft and corruption in the previous administration.
"No one can deny that corruption in the Philippines has reached a very alarming level and its cost is staggering and shocking," he said, noting that corruption has led to loss of government funds, undermined delivery of basic services and impeded the country's growth and stability.
"It has impaired the people's trust and confidence in government and its officials and its institutions... The Truth Commission aims to deter others from committing evil and restore the faith and confidence in government and public servants," he said.
277 investigative reports
Davide said Truth Commission members has quietly laid down the groundwork since they took their oaths last September.
He said the commission has received 277 investigative reports on large-scale graft and corruption from 2001-2010 and 50 complaints from private citizens and civil society groups.
"The complaints are testimony not only of the interest of the people to the work of the commission but more importantly, their great desire for truth and accountability concerning large-scale graft and corruption," he said.
Davide said the experience of past truth commissions in the world highlight the significant role of citizens in ensuring the success of truth bodies. He added that public engagement with the Truth Commission would help send a strong message to present and future public servants "that crime does not pay and that public office is a sacred trust."
"The citizenry must never forget what one wise man has said. 'The only thing necessary for evil to triumph is for good men to do nothing.' Verily, evil hides and suppresses the truth but a vigilant citizenry helps destroy the evil," he said.
Posted at 12/09/2010 4:43 PM | Updated as of 12/09/2010 4:43 PM
US has its 9/11, Philippines has its 12/7, says ex-Chief Justice
MANILA, Philippines - Former Chief Justice Hilario Davide on Thursday chastised his former colleagues in the Supreme Court for scrapping a presidential order creating a Truth Commission that will investigate corruption cases during the 9-year term of former President Gloria Macapagal Arroyo.
Davide, chairman of the commission, denied that Executive Order 1 (EO 1) was unconstitutional for trespassing on the powers of Congress and violating the equal protection clause for the former president.
"I have unceasingly prayed that the present Supreme Court would act with utmost objectivity and wisdom, avoid partisan political consideration and will focus itself only on the noble objectives of EO 1, which, without any doubt whatsoever, does not suffer from any constitutional ambiguity or infirmity," he said in a speech before the United Nations Development Programme Forum.
Davide said December 7, 2010, or the date when the Supreme Court announced its decision on EO 1, was a sad day for Filipinos.
He added that the decision could even be likened in impact to the September 11 tragedy, adding that he hopes that the SC decision will strengthen the resolve of Filipinos to eradicate graft and corruption. "The US has its 9-11, the Philippines has now its 12-7," he said.
The former SC chief said the Supreme Court decision threatens to destroy one of the pillars of a new culture of honesty and good governance envisioned and designed by President Benigno Aquino III, which would replace the culture of impunity rampant during the previous administration.
He said he expects the Solicitor General to file a motion for reconsideration on the SC decision. "I hope and pray that the Supreme Court will re-examine its position and grant the motion," he said.
Pattern of abuse
Davide said the role of the Truth Commission is not to prosecute an individual or hear cases, which is the role of the courts.
Instead, he described the commission as a transitional justice mechanism that would allow the present administration to investigate the pattern of abuses by the previous government. He also noted that the commission is only recommendatory in nature and would be dissolved by December 2012.
Davide said one problem faced by a state in transition is how to address the problem of past abuses of former leaders. "Should we forgive the wrongdoers and forget the criminal acts or should it seek the truth about those abuses and hold the perpetrators accountable?" he asked.
The former Chief Justice said truth commissions are an international phenomenon used to investigate incidents of political killings, disappearances and torture.
He said the Philippine Truth Commission would be the first to address large-scale graft and corruption in the previous administration.
"No one can deny that corruption in the Philippines has reached a very alarming level and its cost is staggering and shocking," he said, noting that corruption has led to loss of government funds, undermined delivery of basic services and impeded the country's growth and stability.
"It has impaired the people's trust and confidence in government and its officials and its institutions... The Truth Commission aims to deter others from committing evil and restore the faith and confidence in government and public servants," he said.
277 investigative reports
Davide said Truth Commission members has quietly laid down the groundwork since they took their oaths last September.
He said the commission has received 277 investigative reports on large-scale graft and corruption from 2001-2010 and 50 complaints from private citizens and civil society groups.
"The complaints are testimony not only of the interest of the people to the work of the commission but more importantly, their great desire for truth and accountability concerning large-scale graft and corruption," he said.
Davide said the experience of past truth commissions in the world highlight the significant role of citizens in ensuring the success of truth bodies. He added that public engagement with the Truth Commission would help send a strong message to present and future public servants "that crime does not pay and that public office is a sacred trust."
"The citizenry must never forget what one wise man has said. 'The only thing necessary for evil to triumph is for good men to do nothing.' Verily, evil hides and suppresses the truth but a vigilant citizenry helps destroy the evil," he said.
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