The formulation of a Truth Commission initiated by the president himself, benigno Simeon Aquino III, became one of the hottest issues in newspapers and internet blogs for the past one month. Former Chief Justice Hilario Davide's appointment as head of the commission and Joseph Estrada's criticism against that selection ignited the issue even more.
Now, the question is, should there be a truth commission after all to invistigate the abuses of made by the former administration? Constitutionally, there is no such thing as a truth commission. It is presumed from the very beginning that our political system operates based on trust. The preamble is clear when it states the invocation to the Almighty in establishing a just and humane society, forming a government which will enshrine the culture, values, and aspirations of all Filipino people. No one can cite the preamble in any court procedure and hearing but still no one can undermine its socio-political and axiological power. truth is a Filipino value. It is an ethical policy that maintained stability and order in the early Balangay system of the pre-hispanic Malayan Filipinos. Truth is a familiar virtue that showcases the radiance of Filipinos as a refined nation with integrity and honor. That is why a Truth Commission is nowhere to be found in Article IX of the 1987 Constitution.
The Philippines adopted a presidential type of government. As a little background, there are two forms of polity--democracy and mobocracy. Democracy is still divided into two types. There is a parliamentary type and a presidential type. Prime feature of the presidential system is that there are three branches of government intentionally designed for checks and balances. The presence of the three main branches which are the executive, legislative, and judicial, made presidential form of government very promising. But throughout history, the independence of the three from one another made room for betrayal and abuses which turned the government into a defective beaurocracy.
To ensure that these three functions according to the mandate given by the law, the drafters of the 1987 Constitution provided a separate office for Accountability of Public Officers. Hence, the Ombudsman entered the scene. The Office of the Ombudsman is something constitutional. It is created for the following purposes as cited form Article XI, section 12 of the present Constitution;
"The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any form or manner against public officials or employees of the Government, or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases, notify the complainants of the action taken and the result thereof."
This provision should be enough for us to sleep peacefully at night without any fear of thiefs climbing the walls and breaking the locks of our national treasury while making midnight deals under the table.
I am saddened by the fact that the Ombudsman, in the person of Merciditas Gutierrez, failed to immortalize these ideal purposes. Now, it is she who is under public scrutiny. The very person whom we expect to be independent and objective is accused of being partial and blind when it comes to the crimes involving the former president and the first gentleman. Now, there are cases for impeachment filed against her. If the Ombudsman, in the first place, is true to the calling of his/her office then there surely will be no Truth Commission at all.
The problem lies in our cultural amnesia. This nation forgot the values kept by her ancestors. It si so shameful by the way that in a country founded in truth, peace, jsutice, and liberty there is a need for a truth commission. If betrayal of public trust continues then no matter who the Ombudsman and chair of commission is, the problem will continue. The decay is severe. I won't be surprised if I wake up one morning and ther eis already a Transparency Commission or a Fairness Commission or a peace Commission, all not in the Constitution. I am not saying that the institution of the Truth Commission is an unwise decision from the president. My point is, there should have been no commission for truth if the offices created by the constitution itself functioned rightfully and ethically. Alongside with a truth commission, there must be Truth Formation in schools and public offices. Aren't we losing the spirit of true Filipinos?
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