Matobato files murder, crimes vs humanity raps vs Rody

MANILA, Philippines - The Davao death squad (DDS) killed more than 1,000 people and President Duterte, then the city mayor, was there to personally oversee some of the brutal slays.

Self-confessed DDS member Edgar Matobato made the allegation in a four-page complaint he filed before the Office of the Ombudsman yesterday.

He urged the anti-graft body to investigate Duterte for murder, kidnapping, torture, the complex crime of kidnapping with murder and other crimes against humanity.

It was the first criminal complaint to be filed against the President since he took office on June 30.

Presidential Communications Office Assistant Secretary Ana Maria Paz Banaag said the President enjoys immunity and that impeachment is the only legitimate way to remove him from office.

“It is noteworthy to mention that the ombudsman cannot discipline or remove impeachable officials, which include the President. He enjoys immunity while in office,” Banaag added.

She described the complaints as “nothing but harassment aimed at distracting the Chief Executive from performing his duty.”

“The ombudsman already terminated an earlier investigation on the Davao death squad case which linked then Davao City mayor Duterte,” Banaag said.

Malacañang, she stressed, is giving the anti-graft office a free hand in handling the complaint.

Also named respondents are Duterte’s son Davao City vice mayor Paolo Duterte, Philippine National Police (PNP) chief Director General Ronald dela Rosa and 25 former and incumbent police officers and city government officials.

Paolo, although saying he respects Matobato’s rights, dismissed the complaint as a “plain piece of garbage.”

“However, let me reiterate my previous statement that the allegations made by Matobato against me are nothing but a product of the imagination of a madman,” he said in a statement.

Also named in the complaint were retired police Senior Supt. Dionisio Abude; retired PO3 Arnold Dechavez; Senior Police Officers 4 Sanson Buenaventura, Bienvenido Laud and Jim Tan; SPOs 3 Arthur Lascañas, Rizalino Aquino, Donito Ubales and Jun Laresma; SPO 2 Enrique delos Reyes; SPOs 1 Reynante Medina, Bienvenido Furog, Vivencio Jumawan and Jun Bisnar; Senior Supts. Rey Capote and Tony Rivera; Chief Insps. Jacy Francia, Fulgencio Pavo and Ronald Lao; Colonel Isidero Florivel; and Davao City officials Ludy Pagidupon, Jojo Bosa, Romel Capitana, Intsik Tan and Boboy Maldito.

Matobato reiterated his earlier claim at a Senate hearing that the former mayor convened the DDS, initially named Lambada Boys, in 1988 in a hotel along San Pedro street in Davao City.

He said it was composed of policemen and selected individuals tasked to kill suspected criminals, especially robbers, rapists, hold-uppers and drug pushers.

Duterte, in several speeches, said he issued warnings against criminals and drug peddlers to get out of his city, or run the risk of getting killed.

“Si Mayor Duterte ang pinakamataas at pinaka-lider sa DDS... Halos lahat ng operations ay dapat cleared kay Duterte (Mayor Duterte was the leader of DDS... Almost all of the group’s operations must have his clearance),” the complaint, filed by lawyer Jude Josue Sabio, read.

Matobato’s 47-page sworn affidavit, which detailed how the targets were brutally slaughtered by the DDS with Duterte personally watching the killing on several occasions, was attached as supporting document.

“Siya (Duterte) ang nag-uutos sa pagpatay. Kapag kilala ang biktima o big-time, pumupunta si Duterte sa Laud Quarry para siguraduhin na yun nga ang target at para manood sa pag chop-chop ng bangkay (Duterte gave the orders to kill. If the victim is well known or high profile, Duterte would go to Laud Quarry to confirm the victim’s identity and watch how the victim’s body was mutilated),” the affidavit also read.

It added that the group usually had two to four targets a day.

Matobato claimed they used to dump the bodies at Laud Quarry and its firing range, or throw them into the sea.

He added that he was tortured for a week by some DDS policemen when he decided to leave the group in September 2013, aside from allegedly being made the fall guy for the murder of businessman Richard King on June 12, 2014.

In an interview with reporters on the sidelines of an anti-corruption forum in Quezon City, Ombudsman Conchita Carpio-Morales said she has yet to read the complaint but gave assurance that her office will look into its merits.

“I left the office very early, so I haven’t read and I’m not aware of that complaint. But I will see. I will look at the case,” Morales said, refusing to categorically say if she will inhibit from the investigation.

Morales is the aunt-in-law of presidential daughter and Davao City Mayor Sara Duterte.

Asked on an ombudsman investigation report in January that dismissed the existence of DDS as “baseless,” she said it does not have her approval.

“I’m not a signatory to that (report). From what I understand, it’s the Overall Deputy Ombudsman (Melchor Arthur Carandang) who came up with it, and it was based on a regional director of Human Rights’ Office who said na chismis lang yun (it was only a rumor). That’s as far as I could recall,” Morales said.

The Senate panel, which in October held an inquiry on the extrajudicial killings in Davao City, also cleared Duterte of any liability, saying the existence of DDS was not proven by the presented witnesses. – With Christina Mendez, Edith Regalado