Aguirre: Clipping DOJ chief’s powers unconstitutional
Justice Sec. Vitaliano Aguirre II. INQUIRER FILE PHOTO/JOAN BONDOC
Justice Secretary Vitaliano Aguirre on Wednesday slammed the proposal to reduce his powers, saying it was “unconstitutional.”
Aguirre was reacting to Senator Richard Gordon who said he was studying the possibility of enacting a law that would cut the powers of the Justice Secretary following the downgrading of murder charges against the police officers involved in the killing of Albuera Mayor Rolando Espinosa Sr. and inmate Raul Yap.
READ: Gordon wants Aquirre’s powers clipped
Gordon said one possibility was to transfer the Justice Secretary’s review power to a retired Supreme Court Justice.
Claiming the proposal was “unconstitutional,” Aguirre said cutting the powers of the Justice Secretary was tantamount to diminishing the power of the Chief Executive.
“One must remember that as the alter ego of the President, I am merely acting for and in his behalf,” Aguirre said.
The two counts of murder charges against Superintendent Marvin Marcos and several police officers have been downgraded from murder to homicide after a review by the DOJ, saying there was no qualifying circumstance to justify murder.
The accused police officers have already posted bail and out on temporary liberty.
“They must first prove that the DOJ Resolution is not the correct. No one has done that. Actually, the existence of evident premeditation in the case has not been proven to qualify the killing to murder,” Aguirre said.
“Everybody was attacking the Resolution on irrelevant matters and ascribing ill motives in its issuance, like the recent editorial of a biased leading broadsheet but no one has discussed whether the downgrading is correct or nor; whether the same is supported by evidence and in accordance with law and jurisprudence,” he added. IDL
