Duterte’s testimonies may be used for filing of cases

He explained that even Duterte’s jokes should still be covered by his testimonies made under oath. (Photo: Senate of the Philippines/Facebook)

By Wilnard Bacelonia, Filane Mikee Cervantes, Philippine News Agency

MANILA – Senate leaders on Tuesday said they expect the Department of Justice (DOJ) and other concerned sectors to collate the relevant testimonies made by former president Rodrigo Duterte during the first public hearing of the Senate Blue Ribbon Committee on his administration’s war on drugs.

In a media forum, Senate President Francis Escudero noted that what Duterte told the panel had already been said during his speeches and interviews when he was still president.

However, he emphasized that every word Duterte spoke during the public hearing were “under oath” and can be used by parties who might be interested to file a case against him.

“Ang pinagkaiba kahapon, lahat ng binitiwan niyang salita kahapon ay under oath, pinanumpaan at sinabi nya, yan ay totoo sa abot ng kanyang nalalaman na pwedeng magamit kung saka-sakali pabor o laban sa kanya (The difference about yesterday is that all the words he uttered were under oath, he was sworn and said that it is true as far as he knows, which can be used for or against him),” Escudero said at the regular Kapihan sa Senado.

He explained that even Duterte’s jokes should still be covered by his testimonies made under oath.

“At hahayaan natin yung mga abogado na timbangin yan, i-analyze yan, dahil ang kagandahan ng transcript hindi malalagay sa transcript yung ngiti o kung nagbibiro lang o hindi (And we’ll let the lawyers weigh in on that, analyze that, because the beauty of the transcript is that the smile or if it’s just a joke or not are not there),” Escudero said.

“Sana hindi matapos sa paglalahad sa komite. Sana ideretso nila sa pagsampa (Hopefully it won’t end with the presentation to the committee. I hope they go straight to filing),” he added.

Senate Deputy Minority Leader Risa Hontiveros is also looking forward to the filing of cases against Duterte, especially with the admissions he made during the hearing.

“I hope the Department of Justice as well as investigators of the International Criminal Court are seriously reviewing the many admissions and confessions made under oath by former President Duterte, such as his creation of a death squad in Davao City, his attempt as president to convince police officials to kill certain individuals, and his order to police officers to ‘encourage’ suspects to fight back so they could be summarily executed,” Hontiveros said.

During the hearing, the lady senator and Duterte clashed over the idea of the latter of encouraging suspects to fight back during operations so authorities will have the prerogative to kill them.

“Problema ang droga at krimen, pero hindi pagpatay, lalo na ng inosente o walang kalaban-laban, ang solusyon diyan. No law degree or local position required, kahit ilang beses pang ipagpilitan ni Duterte na para daw yun sa kapakanan ng nakararami (Illegal drugs and crime are problems, but killing, especially of the innocent or defenseless, is not the solution. No law degree or local position required, no matter how many times Duterte insists that it is for the welfare of the majority),” Hontiveros stressed.

She also called on the Office of the President to amend Executive Order 2 s. 2016, issued by Duterte, to fully open all records on the war on drugs to the public and the Commission on Human Rights.

‘Ripe for filing’ 

In another press conference at the House of Representatives, Manila 6th District Rep. Bienvenido Abante Jr. said cases against Duterte are ripe for filing.

“The former president has acknowledged his role in the thousands of deaths that took place under his watch,” Abante said. “This admission is significant as it highlights that cases are now ripe for filing against those responsible for the extrajudicial killings during the drug war.”

“Duterte has committed to take responsibility and face the consequences of this act as mandated by our laws. It is now up to the proper authorities to consider this statement carefully and ascertain the criminal liability of the responsible individuals whether under the concept of command responsibility or conspiracy,” he added.

Abante cited Section 10 of Republic Act 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity) which holds superiors liable for crimes committed by their subordinates if they had knowledge of the crimes and failed to take necessary actions to prevent or repress them.

The facts are clear. First, willful killings affected thousands of civilians, with the International Criminal Court estimating between 12,000 and 30,000 deaths between July 2016 and March 2019 alone. Second, the victims were primarily civilians, suspected by police authorities to be involved in drug-related activities. Third, these killings occurred in a widespread systematic attack across various cities, municipalities, provinces throughout the Philippines, ” he said.

Despite Duterte’s efforts to justify his administration’s anti-drug operations, Abante stressed that the House quad committee remains committed to securing justice for victims and their families.

“We will not be swayed by these tactics nor will we be deterred from seeking accountability. We are committed to ensuring that the victims of the war on drugs receive justice. The former president may attempt to dodge responsibility but we will work tirelessly to hold him accountable for the lives lost, the families shattered, and the trust broken under his administration,” he said.