Bridging inconsistencies

LETTERS FROM THE AGNO
March L. Fianza

I do not recall allies of former President Gloria Arroyo open their mouths when she created the Feliciano Commission tasked to investigate the Oakwood ‘mutiny.’ Neither did they oppose the Melo Commission, an independent body to address media killings. The two fact-finding commissions were created by Arroyo through administrative orders in 2003 and 2006, respectively.

The same is true when she created the Presidential Anti-Graft Commission, the Presidential Anti-Smuggling Group, and the Mayuga Commission that was tasked to find out who were involved in the “Hello Garci” wiretapping and the role of the so-called “Garci generals” in the alleged poll fraud in the 2004 elections. The lips of GMA’s allies were zipped.

Remember too that during the terms of former Presidents FV Ramos and JP Estrada, the Presidential Anti-Crime Commission (PACC) in 1992 and Presidential Anti-Organized Crime Commission (PAOCC) in 1998 were formed, respectively.

But for Senator Drilon, he finds himself “wondering” over the creation of executive and administrative orders by Erap, FVR and GMA because lawmakers allied with GMA are now questioning President Noynoy’s Truth Commission. There seems to be bias and inconsistency on the part of GMA’s cronies.

Senator Drilon said the administration of Erap, FVR and Arroyo created their own commissions by virtue of Section 37, Chapter 9, Book 1 of the Administrative Code of 1987 and none of them were questioned for their legality.

Just like the Truth Commission created by P-Noy, former Justice Sec. Drilon said GMA’s administrative orders provided the same functions, powers and source of funding for the commissions created.

“That is why we are wondering why the same was done during the term of President Arroyo and it was never questioned. The Truth Commission has the same powers as the commissions created by Arroyo. If it was valid under President Arroyo’s term, it should be valid today,” he said.

So far, it is clear that issuing EOs and AOs to create commissions has been the practice since the administration of President Ramos. But it is also clear that allies of GMA, the likes of Sen. Miriam Defensor-Santiago and Rep. Edcel Lagman are questioning P-Noy’s creation of a Truth Commission.

What is not clear to me is whether I should believe or not that there are lawmakers who become forgetful and inconsistent in their methods of protecting their allies and interests in the guise of uplifting what is lawful.

Congressman Lagman and Sen. Santiago were consistent in saying that the Truth Commission needs “legislative authorization,” not merely creating it under an executive order by the President, and that the power to create such lies solely with Congress.

Last week, P-Noy signed EO No. 01, creating the Truth Commission, tasked to investigate alleged anomalous deals and transactions entered into by the Arroyo administration.

Of course it follows that the commission will require help from witnesses, take testimonies, collect evidence, coordinate with other agencies for assistance, etc., which were the acts required in the creation of the previous commissions.

By the way, Justice Sec. Leila de Lima said the “President” has the power to create commissions and has in fact already formed three commissions aside from the “Truth Commission.”

De Lima was talking about the Melo Commission, the Feliciano Commission and the Mayuga Commission as “already created by the President” – referring to “forming commissions as an authorized act of the President, not as a person, but an Office.”

Malacanang said P-Noy will not overrule the findings of the Commission because the purpose is to provide closure to the issues. Final reports and recommendations are submitted to the Ombudsman for action.

Meanwhile, certain inconsistencies that made me laugh were made by allies of the former President. In fact some very close relatives positively received the creation of P-Noy’s Truth Commission in jest.

GMA son Mikey Arroyo said that the Commission should not be selective and that irregularities in all the past administrations should be investigated as well “to include the time of President Aguinaldo.”

Along with his uncle Rep. Iggy Arroyo, they promised to cooperate in the investigation even while the opposition in congress will question the legality of the Truth Commission.

On the other hand, Rep. Carlos Padilla of Nueva Vizcaya told the Truth Commission to include in its work an inquiry on the controversial deal between the Napocor and the Argentine firm Industrias Metalurgicas Pescarmona Sociedad Anonima (IMPSA).

The project proposal by the Argentine firm called for a 25-year joint venture with the Napocor to rehabilitate and expand the existing Caliraya-Botocan-Kalayaan hydroelectric power plant complex in Laguna. The proposal failed due to pricing bid problems during the time of FVR and Erap.

However, in just four days into the GMA government and two days after the appointment of Hernando Perez as justice secretary, the DOJ issued a ruling that removed the “difficulties” in the contract.

Another congressman Ben Evardone of Eastern Samar supported Padilla’s position and said that the Truth Commission should include in their investigation transactions between GSIS and MMDA.

At this time when the Truth Commission is not yet in full swing, suggestions and matters that need investigation are pouring in. It has started drawing out public awareness. It is beginning to bridge differences and inconsistencies between opposing sides, between GMA’s men and those seeking the truth, at least. – marchfianza777@yahoo.com