Senate panel: Lascañas, Matobato testimonies lack 'probative value'

MANILA, Philippines —The testimonies of Edgar Matobato and Arturo Lascañas lack probative value since the two lack credibility and did not present any evidence to support their statements, a Senate committee said in its report.

The Senate Committee on Public Order and Dangerous Drugs chaired by Sen. Panfilo Lacson said in its report that Lascañas' retraction of his previous Senate statement denying the existence of a liquidation squad in Davao City did not automatically "vitiate," or invalidate, his original testimony.

Lascañas and Matobato both claimed in separate Senate appearances that President Rodrigo Duterte, while mayor of Davao City, ordered the killing of drug suspects, criminals and political opponents. Lascañas, who confessed to being one of the leaders of the group, said that Duterte paid them for every individual killed.

Duterte is facing criticism both at home and abroad for allegedly bringing tactics that earned him notoriety in Davao City to his national campaign to eradicate illegal drugs. Critics allege that the president’s drug war has killed thousands without the benefit of court appearance.

The chief executive countered that he did not order the killings of the individuals but maintained that police officers should defend themselves if any of the suspects tried to fight.

Original testimony cannot be set aside

Lacson’s committee found the latest testimony of Lascañas to be full of holes and uncertainty on material facts.

It said that aside from a lack of corroborating evidence, Lascañas’ testimony was disproven by established facts, legal presumptions and resolutions of government agencies.

It said that the original testimony could not just be set aside without comparing the two statements and identifying the circumstances under which they were executed and the reasons or motives for the change.

"[I]n other words, all the expedients devised by man to determine the credibility of witnesses should be utilized to determine which of the contradictory testimonies represents the truth," it said.

On allegations that Duterte ordered the killing of Jun Pala and Jun Bersabal, the committee opined that anyone with "an evil design could easily fabricate allegations to be inserted in between circumstances already borne by official records."

"We must emphasize that a mere charge or allegation of wrongdoing does not suffice. Accusation is not synonymous with guilt. There must be sufficient evidence to support the charge," the committee ruled.

The committee on public order and dangerous drugs said that there was no evidence presented that would establish the alleged conspiracy among members of the Davao Death Squad. It scored Lascañas for making the statements after the alleged "conspiracy" ended and the crimes committed.

Trillanes: Hearings terminated too soon

Sen. Antonio Trillanes IV, who pushed for Lascañas' appearance before the committee, said that the conclusions of the report were baseless as Lacson terminated the investigation after one hearing.

"I disagree with the conclusions made by Senator Lacson in his committee report. He has no basis to say that Lascañas’ testimony was not credible because he abruptly terminated the investigation after only one hearing," Trillanes said.

The senator said that the representative of the Philippine National Police (PNP) even supported some of the statements of Lascañas.

During the Lascañas' appearance at the Senate panel in March, he claimed that Duterte ordered the killing of broadcaster Jun Pala and others in Davao City. However, Lacson was able to punch several holes through his testimony because of inconsistencies in his statements.