EQUAL PROTECTION OF THE LAWS

Biraogo vs. The Philippine Truth Commission

(G.R. No. 192935. December 7, 2010)
MENDOZA, J.:

Facts: The genesis of the foregoing cases can be traced to the events prior to the historic May 2010
elections, when then Senator Benigno Simeon Aquino III declared his staunch condemnation of graft and
corruption with his slogan, "Kung walang corrupt, walang mahirap." The Filipino people, convinced of his
sincerity and of his ability to carry out this noble objective, catapulted the good senator to the presidency.

Louis Biraogo (Biraogo) in his capacity as a citizen and taxpayer. Biraogo assails Executive Order No. 1
for being violative of the legislative power of Congress under Section 1, Article VI of the Constitution as
it usurps the constitutional authority of the legislature to create a public office and to appropriate funds
therefor.

Thus, at the dawn of his administration, the President on July 30, 2010, signed Executive Order No. 1
establishing the Philippine Truth Commission of 2010 (Truth Commission).

Issue: Whether or not Executive Order No. 1 violates the equal protection clause

Held: The petitioners assail Executive Order No. 1 because it is violative of this constitutional safeguard.
They contend that it does not apply equally to all members of the same class such that the intent of singling
out the "previous administration" as its sole object makes the PTC an "adventure in partisan hostility." Thus,
in order to be accorded with validity, the commission must also cover reports of graft and corruption in
virtually all administrations previous to that of former President Arroyo.

The equal protection clause is aimed at all official state actions, not just those of the legislature. Its
inhibitions cover all the departments of the government including the political and executive departments,
and extend to all actions of a state denying equal protection of the laws, through whatever agency or
whatever guise is taken.

Applying these precepts to this case, 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.

Executive Order No. 1 suffers from arbitrary classification. The PTC, to be true to its mandate of searching
for the truth, must not exclude the other past administrations. The PTC must, at least, have the authority to
investigate all past administrations. While reasonable prioritization is permitted, it should not be arbitrary
lest it be struck down for being unconstitutional.
WHEREFORE, the petitions are GRANTED. Executive Order No. 1 is hereby declared
UNCONSTITUTIONAL insofar as it is violative of the equal protection clause of the Constitution.
As also prayed for, the respondents are hereby ordered to cease and desist from carrying out the provisions
of Executive Order No. 1.