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The second forum – not as explicitly defined as the first but which must implicitly and essentially be there – is that shared with the common public as the audience to whom the President wishes to inform the story of the allegedly large graft and corruption during the earlier administration. The working of presidency relies on a well-laid and purposeful constitutional plan, basically based mostly on the doctrine of separation of powers, that can solely be altered by the ultimate sovereign – the people. Short of this sovereign motion, not one of many departments of presidency – neither the Executive, nor the Legislature, and nor the Judiciary – can modify this constitutional plan, whether directly or not directly.
There isn’t any substantial distinction between the corruption which occurred in the course of the past administration and the corruption of the administrations prior to it. Allegations of graft and corruption within the government are unfortunately prevalent regardless https://richsingleman.org/Why-Do-Most-Women-Prefer-to-Marry-Rich-Men.html of who the President happens to be. Respondents’ claim of widespread systemic corruption is not distinctive solely to the past administration. O. No. 1 is being attacked on the ground that it violates the equal safety clause.
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In response to each tension, the courtroom applies a particular level of scrutiny. The first sentence of the law is an express grant to the President of a seamless authority to reorganize the executive construction of the Office of the President. The succeeding numbered paragraphs aren’t within the nature of provisos that unduly limit the purpose and scope of the grant to the President of the ability to reorganize but are to be viewed in consonance therewith. The absence of any form of accountability for public officials’ past misconduct of a grave nature and large scale will promote a culture of impunity. [newline]If the current administration doesn’t demonstrate that it can hold accountable individuals who committed acts of corruption, such inability may be interpreted as a "license to interact in additional acts of corruption"sixty four and embolden public officials to steal from the federal government coffers extra usually and in larger quantity. The prosecution of 1 responsible individual while others equally responsible usually are not prosecuted, nonetheless, isn’t, by itself, a denial of the equal safety of the laws. Where the official motion purports to be in conformity to the statutory classification, an misguided or mistaken efficiency of the statutory duty, though a violation of the statute, is not without more a denial of the equal safety of the legal guidelines.
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- EO 1 must be read as empowering the PTC to conduct its fact-finding on the Arroyo administration, and that this fact-finding could increase to include other previous administrations on the instruction of President Aquino.
No. 1 is objectionable on due process grounds as well. He propounds that the "truth-telling" operate of the Truth Commission violates due course of as a end result of it primes the public to simply accept the findings of the Commission as precise and gospel truth. My conclusion that the switch of features of a Department to the Office of the President falls throughout the President’s energy of reorganization is reinforced by jurisprudence. It is obvious to see that the Truth Commission’s fact-finding and investigation into "reports of huge scale corruption by the earlier administration" contain policy-making on problems with basic concern to the President, primarily, corruption and its linkage to the country’s social and economic development. – Acts of the President providing for guidelines of a general or everlasting character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. Republic Act No. 3350, furthermore, just isn’t limited in its software to situations present at the time of its enactment.