Palace: Duterte won't meddle with CHR probe into Ozamiz mayor's slay

MANILA, Philippines — President Rodrigo Duterte would not meddle with plans to probe last Sunday's drug raid in Ozamiz City, which left 15 people, including Mayor Reynaldo Parojinog Sr., dead, Malacañang said on Monday.

Senior Deputy Executive Secretary Menardo Guevarra said Duterte, who previously said he would not allow any soldier or policeman to be probed without his approval, is aware that independent bodies like the Commission on Human Rights have mandates to perform.

"He (Duterte) is also a lawyer and he knows that these other agencies have their own mandates, have their own procedures. So they are free to do what they want to do in accordance with their own mandates," Guevarra said in a press briefing on Monday.

"If there are allegations using unnecessary force or rubout or something like that, these would have to be investigated. The President need not be involved in things like this. These are police matters. They have their own internal procedures pertaining to matters like this," he added.

The drug raid was held early morning of Sunday at the Parojinogs' properties in Barangays Baybay San Roque and Baybay Santa Cruz. Authorities claimed that a shootout ensued after the Parojinogs and their supporters fired at law enforcers.

Aside from the mayor, those who were killed in the raid include his wife Susan, his brother Board Member Octavio Parojinog Jr., and sister Mona.

READ: Ozamiz mayor, 14 others killed in police raids

Ozamiz City Vice Mayor Nova Parojinog was arrested during the operation and is now under the custody of the Ozamiz City Police Office.

Asked if Malacañang would require the CHR or the Ombudsman to send a letter to Duterte informing him about their plans to probe the security forces involved in the raid, Guevarra said: "I don't think that will be necessary."

"When the president said that he'd be informed if any soldier or law enforcer will be undergoing any investigation, I presume he was speaking as Commander-in-chief and not as chief executive," he added.

"As commander-in-chief, since you will be investigating a law enforcer or a soldier or an officer under my command, it would be a lot better if you let me know about this investigation. That's how I understand the president's statement."

Guevarra said as a lawyer and prosecutor, Duterte knows the law, criminal procedure and the limits of what he can do.

"The Commission on Human Rights and the Office of the Ombudsman are both created under the Constitution and they are supposed to be independent. They have to do their own mandates," the Palace official added.

Pressed if the president can stop the police or soldiers from attending investigations by the CHR, Guevarra said: "Technically he can do that but I don't think he would."

Last week, Duterte said policemen and soldiers would have to get his approval before facing investigations by the CHR, whom he accused of being biased against government forces.

ALSO READ: What Duterte gets wrong about the CHR

He said he was prepared to face off with investigating bodies if they intimidate members of the military or the police.

"I will not allow my men to go there to be investigated. Remember this. Human Rights Commission, you address your request through me because the Armed Forces is under me and the police is under me," the President said in a press conference after his second state of the nation address last Monday.

"Kaya pag kinwestion ninyo sila for investigation, dadaan muna sa akin… Takot-takutin nila ‘yang ano… Sohuwag ninyo akong pilitin na pati kayo, babanggain. (If you question them for investigation, it has to go through me. Do not intimidate them. Do not force me because I can clash with you)," he added.

'Presumption of regularity'

Guevarra said authorities are ready to look into claims that there were irregularities in the anti-drug operation in Ozamiz City.

"Normal procedures and the normal investigative procedures will have to be observed if there is any claim of some, you know, improper implementation of the search warrant," he said.

"There's a presumption of regularity in all of these. If there's anyone who will complain that something regular happened then an investigation would have to be done. Now, we presume regularity."

Asked what role Duterte played in the operation, Guevarra said: "As far as I know, aside from his general instruction to eliminate drugs and all people who supported the illegal drug trade, he has no particular or specific participation in any of actual police operations."

Guevarra said there was no need to create an independent body that would probe the raid, saying there are existing structures that can investigate the incident.

The CHR and the Ombudsman have spoken against Duterte's war on illegal drugs, which has left thousands of suspected drug offenders dead.

The CHR has repeatedly assailed summary executions linked to Duterte's drug crackdown and has urged law enforcers to uphold human rights in all their operations.  Ombudsman Conchita Morales claimed in a recent interview that the president was "goading" people to kill drug suspects.

Duterte has accused the CHR of being "one-sided" and challenged the commission to also investigate the rebels' atrocities against members of the security forces.

"If you fail to address also the atrocities of the other side, so that you can get the truth and the whole story, then do not investigate my army and police," the president said last week.

"Do not make it a one-sided affair. I will not allow it. As president, I will not allow it. Patas tayo (It should be fair). Justice for all. What is sauce for the gander is sauce for the goose. If you have not as yet investigated the deaths of my police and military men, then do not f*** with us," he added.