G.R. No.

192935 December 7, 2010

MENDOZA, J.:

LOUIS BAROK C. BIRAOGO, Petitioner,

- versus -
THE PHILIPPINE TRUTH COMMISSION OF 2010, Respondent.

Digested by: Kathleen Kaye M. Laurente

Doctrine:
The creation of the PTC is not justified by the Presidents power of control. Control is essentially the power
to alter or modify or nullify or set aside what a subordinate officer had done in the performance of his
duties and to substitute the judgment of the former with that of the latter. Clearly, the power of control is
entirely different from the power to create public offices. The former is inherent in the Executive, while the
latter finds basis from either a valid delegation from Congress, or his inherent duty to faithfully execute the
laws.

Facts:
Prior to May 2010 elections, then presidential candidate Senator Benigno Simeon Aquino III declared
his condemnation of graft and corruption with his slogan, Kung walang corrupt, walang mahirap, which
catapulted him to the presidency. When he was elected, President Aquino created a special body to
investigate reported cases of graft and corruption allegedly committed only during the previous
administration of Gloria Macapagal-Arroyo. Thus, at the dawn of his administration, President Aquino, on
July 30, 2010, signed Executive Order No. 1 establishing the Philippine Truth Commission of 2010 (Truth
Commission)1

The said PTC is a mere branch formed under the Office of the President tasked 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 submit their findings and
recommendations to the President, Congress and the Ombudsman.

A special civil action for prohibition was instituted by petitioner Louis Biraogo in his capacity as a citizen
and taxpayer. Biraogo assails Executive Order No. 1 for the following grounds:
1. It violates separation of powers as it arrogates the power of Congress to create a public office
and appropriate funds for its operation;
2. The provisions of Book III, Chapter 10, Section 31 of the Administrative Code of 1987 cannot
legitimize E.O. No. 1 because the delegated authority of the President to structurally reorganize the
Office of the President to achieve economy, simplicity, and efficiency does not include the power
to create an entirely new office was inexistent like the Truth Commission;
3. The E.O illegally amended the Constitution when it made the Truth Commission and vesting it
the power duplicating and even exceeding those of the Office of the Ombudsman and the DOJ.
4. It violates the equal protection clause.

Issue:

1 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 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.
Does the creation of the Philippine Truth Commission fall within the ambit of the power of the President to
reorganize his office as expressed in Section 31 of the Revised Administrative Code?

Held:
No. Section 31 of the Revised Administrative Code contemplates reorganization as limited by the
following functional and structural lines:
(1) restructuring the internal organization of the Office of the President Proper by abolishing,
consolidating or merging units thereof or transferring functions from one unit to another;
(2) transferring any function under the Office of the President to any other Department/Agency
or vice versa; or
(3) transferring any agency under the Office of the President to any other Department/Agency or
vice versa.

Clearly, the provision refers to reduction of personnel, consolidation of offices, or abolition thereof by
reason of economy or redundancy of functions. These points to situations where a body or an office is
already existent but a modification or alteration thereof has to be effected. The creation of an office is
nowhere mentioned, much less envisioned in said provision.

To say that the Philippine Truth Commission (PTC) is borne out of a restructuring of the Office of the
President under Section 31, Chapter 10, Book III, of Executive Order (E.O.) No. 292, is a misplaced
supposition, even in the plainest meaning attributable to the term restructurean alteration of an
existing structurethe PTC was not part of the structure of the Office of the President prior to the
enactment of Executive Order No. 1.

***************
As held in Buklod ng Kawaning EIIB v. Hon. Executive Secretary:

But of course, the list of legal basis authorizing the President to reorganize any
department or agency in the executive branch does not have to end here. We must not lose sight
of the very source of the power that which constitutes an express grant of power. Under Section
31, Book III of Executive Order No. 292 (otherwise known as the Administrative Code of 1987),
"the President, subject to the policy in the Executive Office and in order to achieve simplicity,
economy and efficiency, shall have the continuing authority to reorganize the administrative
structure of the Office of the President." For this purpose, he may transfer the functions of other
Departments or Agencies to the Office of the President. In Canonizado v. Aguirre [323 SCRA 312
(2000)], we ruled that reorganization "involves the reduction of personnel, consolidation of offices,
or abolition thereof by reason of economy or redundancy of functions." It takes place when
there is an alteration of the existing structure of government offices or units therein,
including the lines of control, authority and responsibility between them. The EIIB is a
bureau attached to the Department of Finance. It falls under the Office of the President. Hence, it
is subject to the Presidents continuing authority to reorganize.