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No. 1 is to eradicate graft and corruption begs the question. What is there to eradicate within the first place, if claims of graft and corruption are but to be verified by the Truth Commission? No. 1, respondents saw the need to confirm uncooked information before initiating the regulation enforcement mechanism, if warranted.
It must be emphasized that in the Victoriano case, this last test was applied to not all the employees within the bargaining unit, but it was applied to the subclass of employees whose religions prohibit them from becoming a member of labor unions. In software to this case, the question should then have been, not whether there could be equality of therapy between all political administrations under EO 1, but whether or not inside the subclass of third degree public officers of the Arroyo administration – that’s, the subject of EO 1 – there is unequal treatment. The majority applied the last take a look at backwards by asking whether there’s equality of therapy amongst all political administrations and concluding that there was no equality of remedy, even earlier than it might answer the primary take a look at of whether the classification between the Arroyo administration and different previous administrations was cheap.
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It then pronounces that any difference in treatment between members of this class is unequal safety, such that to deal with the Arroyo administration in a different way from the administration of President Aguinaldo is unconstitutional. After all, says the bulk Decision, corruption was reported in other previous administrations as properly. Petitioners don’t espouse the view that nobody should be investigated. What they advocate is that every one administrations should be investigated or, extra precisely, all stories of large-scale graft and corruption during the tenure of previous administrations should be subjected to investigation. EO No. 1 violates the equal safety clause enshrined in the Constitution,6 for it singles out the previous administration as the only real subject of investigation. History will report the ruling right now of the Court’s majority as a severe case of judicial overreach that made the incumbent President a diminished Executive in an affront to a co-equal branch of government, crippled our already challenged justice system, and crushed the hopes of the long struggling Filipino folks for an finish to graft and corruption in government.
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Here the past presidential administrations the country has gone via in modern history cowl a interval of 75 years, going back from when President Gloria Macapagal Arroyo ended her time period in 2022 to the time President Manuel L. Quezon began his term in 1935. The interval could even go back 111 years if the administration of President Emilio Aguinaldo from 1989 to 1901 is included. But, so as not to complicate matters, the latter’s administration may simply as properly be excluded from this discussion. 2) The segregation of the preceding administration as the object of fact-finding investigations is warranted by the reality that the present administration will most likely bear the instant penalties https://millionaire-dating-sites.org of the insurance policies of the earlier administration, not like those of the administrations long gone. [newline]X x x The investigation was authorized under Administrative Order No. 298 dated October 25, 1996, which had created an Ad Hoc Committee to look into the executive expenses filed against Director Rosalinda U. Majarais, Priscilla G. Camposano, Horacio D. Cabrera, Imelda Q. Agustin and Enrique L. Perez. While I agree with the majority consensus that equal protection is a matter that have to be resolved in these consolidated petitions, the weightier authorized obstacles to the creation of the Philippine Truth Commission by executive order deserve greater consideration on this dialogue.
- Indeed, EO No. 1 itself is replete with provisions that point out that the existence and operations of the Commission will be dependent on the Office of the President.
- The very dialogue above, nevertheless, demonstrates the self-contradiction and unreality of the bulk Decision’s worldview.
Contrary to the ponencia’s conclusion, such a roadmap for governance clearly entails a "step by step" course of within the President’s system of priorities. A metropolis ordinance that bans streetcar vendors in a closely visited "tourist quarter" of the city to have the ability to alleviate sidewalk and avenue congestion is "under-inclusive". All streetcar distributors contribute towards sidewalk and road congestion, however the class of people causing sidewalk and street congestion absolutely includes many others as well.