6/7/2020
E-Library - Information At Your Fingertips: Printer Friendly
properties arbitrarily taken. For these reasons, we hereby declare Executive
Order No. 626-A unconstitutional.[5]
In the same manner, this Court in Corona v. United Harbor Pilots Association of the
Philippines[6] invalidated an administrative order that restricted harbor pilots from
exercising their profession. The administrative order, which required harbor pilots to
undergo an annual performance evaluation as a condition for the continued exercise of
their profession, was considered a "deprivation of property without due process of law."
[7]
In Biraogo v. Truth Commission,[8] the creation of the Philippine Truth Commission by
virtue of an executive order was deemed unconstitutional for violating the equal
protection clause. The classification under the executive order, according to this Court,
was unreasonable, thus:
Executive Order No. 1 should be struck down as violative of the equal
protection clause. The clear mandate of the envisioned truth commission is
to investigate and find out the truth "concerning the reported cases of graft
and corruption during the previous administration" only. The intent to single
out the previous administration is plain, patent and manifest. Mention of it
has been made in at least three portions of the questioned executive order.
Specifically, these are:
WHEREAS, there is a need for a separate body dedicated solely to
investigating and finding out the truth concerning the reported
cases
of
graft
and
corruption
during
the
previous
administration, and which will recommend the prosecution of
the offenders and secure justice for all;
SECTION 1. Creation of a Commission. — There is hereby created
the PHILIPPINE TRUTH COMMISSION, hereinafter referred to as
the "COMMISSION," which shall primarily seek and find the truth
on, and toward this end, investigate reports of graft and
corruption of such scale and magnitude that shock and offend the
moral and ethical sensibilities of the people, committed by public
officers and employees, their co-principals, accomplices and
accessories from the private sector, if any, during the previous
administration; and thereafter recommend the appropriate
action or measure to be taken thereon to ensure that the full
measure of justice shall be served without fear or favor.
SECTION 2. Powers and Functions. — The Commission, which
shall have all the powers of an investigative body under Section
37, Chapter 9, Book I of the Administrative Code of 1987, is
primarily tasked to conduct a thorough fact-finding investigation
of reported cases of graft and corruption referred to in Section 1,
involving third level public officers and higher, their co-principals,
accomplices and accessories from the private sector, if any,
during the previous administration and thereafter submit its
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165
62/70
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents