Biraogo vs.

Philippine Truth Commission of 2010

G.R. No. 192935
December 7, 2010

FACTS:
E.O No. 1 establishing the Philippine Truth Commission (PTC) of 2010 was
signed by President Aquino dated July 30, 2010. 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. However, PTC is not a
quasi-judicial body, it cannot adjudicate, arbitrate, resolve, settle or
render awards in disputes between parties. Its job is to investigate, collect
and assess evidences gathered and make recommendations. It has
subpoena powers but it has no power to cite people in contempt or even
arrest. It cannot determine for such facts if probable cause exist as to
warrant the filing of an information in our courts of law.

Petitioners contends the Constitutionality of the E.O. on the ground that it

violates separation of powers as it arrogates the power of Congress to
create a public office and appropriate funds for its operation.

ISSUE:
WON the creation of the PTC fall within the ambit of the power to
reorganize as expressed in Section 31 of the Revised Administrative Code?

HELD:

No. The power to reorganize as expressed in Section 31 of the Revised

Administrative Code? Section 31 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 point 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. Accordingly, the answer to the question is in the negative. To
say that the PTC is borne out of a restructuring of the Office of the
President under Section 31 is a misplaced supposition, even in the plainest
meaning attributable to the term “restructure” – an “alteration of an
existing structure.” Evidently, the PTC was not part of the structure of the
Office of the President prior to the enactment of Executive Order No. 1.