MANILA, Philippines--Senator Miriam Defensor-Santiago is threatening to question before the Supreme Court the legality of Executive Order No. 1 that created the Truth Commission, calling it a ?gross violation of the Constitution.?

?Let me say it candidly, Executive Order Number 1 is a usurpation of legislative function and we all in the legislative branch have a bound in duty to oppose that kind of usurpation. Even if I have to go to the Supreme Court, even with my poor physical health to fight for it,? the senator told a press conference on Monday.

?This is a gross violation of the Constitution. This is what happens when lay people start to take technical interpretations of the Constitution? she said.

Santiago said the President violated the doctrine of ?non-delegation? which says that ?Do not delegate what the Constitution has assigned to you? when he issued the EO instead of asking Congress to just pass a law on it.

?The administration could have the humility to ask Congress by means of a certification of urgent necessity. In other words, the President should certify as urgent a bill to create the Truth Commission,? she said.

?Because as it stands now, it's plainly unconstitutional and the efforts to explain this constitutionality are very sophomoric. In other words, it's a bunch of amateurs trying to justify what they are doing,? she added.

Santiago cited two Supreme Court rulings upholding the sole power of Congress to create agencies of government.

To spare the new administration from embarrassment, Santiago said the government should withdraw the EO, as she expressed readiness to lead the filing of a measure to create the fact-finding body.

?Why risk the embarrassment of being turned by the Supreme Court in the first EO? Why do that? I don't understand. These crooks are here, they will be here until they croak,? she pointed out.

Besides, the senator said that the commission would only duplicate the works of the Office of the Ombudsman, which is tasked to investigate allegations of graft and corruption against government officials.

Santiago believes the President was just compelled to form the body because he was disappointed at the slow pace of cases in the Office of the Ombudsman.

But because Ombudsman Merceditas Gutierrez has a fixed term, the President could not compel her to step down from office.

Instead of forming the commission, Santiago said the administration should have just created a special prosecution that would specifically handle the graft and corruption allegations during the past administration.