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We may not strike down a regulation merely as a outcome of the legislative aim would have been more fully achieved by expanding the class. Stated in a special way, the reality that a legislative classification, by itself, is underinclusive is not going to render it unconstitutionally arbitrary or invidious. There is no constitutional requirement that regulation must reach every class to which it might be utilized; that the Legislature must be held rigidly to the choice of regulating all or none. The ponencia employs the premise that previous administrations have all been blemished by reviews of improprieties similar22 to these of the earlier administration. Whether reviews of such nature exist just isn’t borne by the pleadings submitted by petitioners who allege unequal protection.
- If time permits, the President might extend the mandate of the Truth Commission to research different administrations prior to the Arroyo administration.
Clearly, the power of control is entirely completely different from the facility to create public workplaces. The former is inherent in the Executive, while the latter finds foundation from both a valid delegation from Congress, or his inherent duty to faithfully execute the legal guidelines. As head of the Executive Department, the President is the Chief Executive. He represents the federal government as a complete and sees to it that all legal guidelines are enforced by the officers and workers of his division. He has management over the chief department, bureaus and places of work.
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Sugar-coating the description of the Truth Commission’s processes and features so as to make it "sound innocent" falls in want of constitutional requirements. It has in its palms the vast arsenal of the government to intimidate, harass and humiliate its perceived political enemies outside the lawful prosecutorial avenues offered by legislation within the Ombudsman or the Department of Justice. No. 1, does the identification of the Arroyo administration as the subject of the Truth Commission’s investigation move the jurisprudential take a look at of reasonableness?
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Among others, this strategy impacts the application of constitutional ideas that we vigilantly adhere to on this jurisdiction. If we are to make use of a strict stage of scrutiny of presidency action, we should be conscious https://www.richsingleman.org of the risks that this system of evaluate may open. A very real risk is to open the likelihood that our social legislations will at all times be subject to heightened scrutiny.
At any fee, it does not mean that when the President created the Truth Commission, he shut the door to the investigation of corruption dedicated in the course of the sixty six years earlier than the earlier one. All current government businesses which may be charged with unearthing crimes dedicated by public officials aren’t precluded from following up leads and uncovering corruptions dedicated during the earlier years. Those corrupt officers of the remote past have not gained immunity by purpose of Executive Order 1. It has major jurisdiction over cases cognizable by the Sandiganbayan and, within the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory company of Government, the investigation of such circumstances x x x. The President shall have control of all executive departments, bureaus and offices. The distinctions cited by the OSG usually are not substantial to separate the earlier administration as a definite class from prior administrations as material for investigation for the purpose of ending graft and corruption.