Amid questions raised on the legality of the creation of the Truth Commission, Justice Secretary Leila de Lima said on Tuesday the executive order of President Benigno Aquino III was carefully crafted, ensuring that the fact-finding body would not be usurping judicial functions.

De Lima said the President had already spoken that the question on the legality of the Executive Order signed by the president can only be settled by the Supreme Court (SC).

“Only the Supreme Court (SC) can settle this. The SC will only decide whether the Truth Commission can be created by virtue of an EO or there is still need to pass a legislation,” she said.

The Justice Secretary also said they are ready to face the challenges regarding the questions of legality of the creation of the commission.

“The EO was carefully crafted. There was no usurping of judicial functions by the Truth Commission,” said de Lima.

De Lima did not give a time frame for the Truth Commission to officially proceed with its mandate to investigate graft and corruption in the past administration but said it would start this year.

“There is still need to organize the staff. And there is a need to create its own rules of procedures,” she said.    

De lima also cited that even the past fact-finding bodies, such as the Melo and Feliciano commissions, were created by virtue of presidential issuances.

“It is within the power of the president as a chief administrator and enforcer of the laws. He is in charge to attend to the matter of governance, including the issues of corruption…. He is to take action in as far as corruption issues are concerned. Gaya dati ng Feliciano and Melo Commissions, these are all presidential issuances so bakit hindi pwede ngayon,” de Lima told reporters.