Malacañang said on Saturday that it would let the still to be formed "truth commission" determine whether former Agriculture officials Cito Lorenzo and Jocelyn Bolante be charged with plunder instead of just graft charges or malversation of public funds which are bailable offenses.

Presidential Spokesman Edwin Lacierda, in an interview with state-run radio station DZRB, said that it would be up to the independent body to determine the appropriate charges against the former Agriculture Secretary Lorenzo and Undersecretary Bolante for their alleged involvement in the P728-million fertilizer fund scam.

But the National Association of Lawyers for Justice and Peace (NALJP) yesterday cautioned that creation of the "truth commission would be a violation of the Constitution."

In a statement, NALJP said "legal research by their group pointed out that the 'truth commission' would be unconstitutional since it will violate the equal protection of the law for singling out for investigation former President Arroyo and officials of her administration.

The group pointed out that "the commission violates the constitutional presumption of innocence on two grounds: It presumes guilt despite prior investigation and dismissal by the Ombudsman of the same charges and by announcing the plan to investigate the Arroyo Administration through the Commission even before the same is organized."