LOUIS C. BIRAOGO VS.

THE PHILIPPINE TRUTH COMMISSION

G.R. No.192935, December 7, 2010

Facts:
Pres. Aquino signed E. O. No. 1 establishing Philippine Truth Commission of 2010
(PTC) dated July 30, 2010. The Philippine Truth Commission (PTC) is a mere ad
hoc body formed under the Office of the President with the primary task to
investigate reports of graft and corruption committed by third-level public
officers and employees, their co-principals, accomplices and accessories
during the previous administration, and thereafter to submit its finding and
recommendations to the President, Congress and the Ombudsman. Though it has
been described as an "independent collegial body," it is essentially an entity
within the Office of the President Proper and subject to his control. Doubtless, it
constitutes a public office, as an ad hoc body is one. PTC has all the powers of an
investigative body. But it is not a quasi-judicial body as it cannot adjudicate,
arbitrate, resolve, settle, or render awards in disputes between contending
parties. All it can do is gather, collect, and assess evidence of graft and corruption
and make recommendations. It may have subpoena powers, but it has no power
to cite people in contempt, much less order their arrest. Although it is a fact-
finding body, it cannot determine from such facts if probable cause exists as to
warrant the filing of an information in our courts of law. Petitioners asked the
Court to declare it unconstitutional and to enjoin the PTC from performing
its functions.

Issue:
Whether or not E.O. No. 1 violates the principle of separation of powers by
usurping the powers of Congress to create and to appropriate funds for public
offices, agencies and commissions?

Ruling:
No. There will be no appropriation but only an allotment or allocations of
existing funds already appropriated. There is no usurpation on the part of the
Executive of the power of Congress to appropriate funds. There is no need to
specify the amount to be earmarked for the operation of the commission
because, whatever funds the Congress has provided for the Office of the
President will be the very source of the funds for the commission. The amount
that would be
allocated to the PTC shall be subject to existing auditing rules and regulations so
there is no impropriety in the funding.