Anda di halaman 1dari 1

Jose Miguel Arroyo vs Department of Justice

FACTS:

The Comelec issued Resolution No. 9266 approving the creation of a joint committee with the Department
of Justice (DOJ), which shall conduct preliminary investigation on the alleged election offenses and
anomalies committed during the 2004 and 2007 elections.

Due to allegations of electoral fraud and manipulation during the 2004 and 2007 National Elections the
Comelec and the DOJ issued Joint Order No. 001-2011 creating and constituting a Joint Committee and
Fact-Finding Team composed of officials from the DOJ and the Comelec. In its initial report, the Fact-
Finding Team concluded that manipulation of the results in the May 14, 2007 senatorial elections in the
provinces of North and South Cotabato and Maguindanao were indeed perpetrated.

The Fact-Finding Team recommended that herein petitioners to be subjected to preliminary investigation
for electoral sabotage. After the preliminary investigation, the COMELEC en banc adopted a resolution
ordering that information/s for the crime of electoral sabotage be filed against Gloria Macapagal-Arroyo, et
al. while that the charges against Jose Miguel Arroyo, among others, should be dismissed for insufficiency
of evidence.

Consequently, the petitioners assail the validity of the creation of COMELEC-DOJ Joint Panel and of Joint
Order No. 001-2011 before the Supreme Court.

Arroyo raised the issue in his petition that the creation of the Joint Committee is violative of the equal
protection clause since it was created with the sole purpose of investigating and prosecuting certain persons
and incidents only, specifically those involving the 2004 and 2007 elections to the exclusion of others
contrary to the finding of the Supreme Court in Biraogo vs Philippine Truth Commission.

ISSUE:

Whether or not the creation of the Joint Committee is violative of the equal protection clause.

HELD:

No, the creation of the Joint Committee does not violate the equal protection clause.

The Supreme Court held that Joint Order No. 001-2011 cannot be nullified on the ground that it singles out
the officials of the Arroyo Administration and, therefore, infringes the equal protection clause.

The Philippine Truth Commission of 2010 was expressly created for the purpose of investigating alleged
graft and corruption during the Arroyo Administration since Executive Order No. 177 specifically referred
to the previous administration; while the Joint Committee was created for the purpose of conducting
preliminary investigation of election offenses during the 2004 and 2007 elections.

While Mike Arroyo and Gloria Macapagal-Arroyo were among those subjected to preliminary
investigation, not all respondents therein were linked to GMA as there were public officers who were
investigated upon in connection with their acts in the performance of their official duties. Private
individuals were also subjected to the investigation by the Joint Committee.

Equal protection merely requires that all persons under like circumstances and conditions shall be treated
alike both as to privileges conferred and liabilities enforced. Given that the creation of the Joint Committee
was not purposefully created to investigate only the involved parties specifically, there is no violation of the
equal protection clause in this case.

Anda mungkin juga menyukai