MANILA, Philippines — Former president Rodrigo Duterte is not attending today’s hearing of the House of Representatives quad committee, which is investigating the alleged extrajudicial killings (EJKs) that transpired during his presidency, his lawyer said yesterday.
In a letter addressed to Surigao del Norte 2nd District Rep. Robert Ace Barbers, quad comm lead chairman, Martin Delgra III said he consulted with Duterte, and the former president viewed his presence at the hearing “no longer necessary.”
Delgra said they officially received last Saturday the quad comm’s formal invitation for Duterte to attend its hearing today.
“Regrettably, upon consultation with him, my client respectfully manifests that while he respects and recognizes the authority of the honorable committees to conduct inquiries, in aid of legislation, he cannot attend the public hearing as scheduled for the following reasons,” the lawyer said, citing three reasons.
“First, with all due respect, my client is already doubtful as to the honorable House quad committee’s integrity, independence and probity to conduct the legislative inquiry in aid of legislation. While my client’s attendance is supposedly for him to provide valuable insights and to shed light on issues under discussion, particularly in extrajudicial killings, it is apparent that the inquiry is a mere political ploy aimed to indict him for crime and crimes he did not commit,” he noted.
Delgra also cited that quad comm co-chairmen Manila 6th District Rep. Bienvenido Abante Jr. and Santa Rosa, Laguna Rep. Dan Fernandez have been very vocal publicly of their position that Duterte should be held liable for the crime of “willful killing” under Section 6 of Republic Act 9851, or the Philippine Act on Crimes against International Humanitarian Law, Genocide and Other Crimes Against Humanity.
Abante and Fernandez even alleged that the crimes are clear, according to Delgra.
“If that is indeed their belief, then the proper course of action would be for them to file the proper criminal cases against my client before the Department of Justice and for the latter to resolve whether probable cause exists or not. After all, we have a fully functioning judicial system in our country,” Delgra said.
“My client is likewise gravely concerned on how the honorable House quad committee tried to persuade, if not unduly pressure, resource persons to admit matters under oath that they lack knowledge of, or worst, unduly induce them to say something not true before the joint committee inquiry,” he added.
Duterte, a former city prosecutor, even offered an opinion that it was a case of subordination, an act of inducing someone to commit perjury, according to Delgra.
“The said statement, if indeed true, casts doubt as to the honorable House quad committee’s integrity and impartiality,” Delgra said.
He added that Duterte has already appeared before the Senate Blue Ribbon subcommittee, which is investigating the country’s war on illegal drugs implemented during Duterte’s administration on Oct. 28 this year.
During the Senate hearing last Oct. 28, which lasted nine hours, Duterte extensively discussed and shared his knowledge as to the alleged extrajudicial killings during his administration, according to Delgra.
“More importantly, he gave valuable inputs on how to strengthen the war on illegal drugs, a demonizing element and national menace,” the former president’s counsel said.
Also during the hearing, Delgra said Duterte proposed appropriating additional funds to the Philippine National Police for logistical and operations support on police operations, and strengthening the institutional and financial support to the local government units down to the barangay in addressing the problem of illegal drugs, which is prevalent on the barangay level.
“Finally, to provide more budgetary appropriations to the Philippine Drug Enforcement Agency to adequately address the legal mandate. According to him, he has said everything he wanted to say on the subject of Philippine war on illegal drugs and on the issue of extrajudicial killings attendant thereto,” Delgra added.
To save the government’s time and taxpayers’ money for his attendance in the quad comm hearing, Duterte instead suggested that the transcript of stenographic notes of the Oct. 28 Senate inquiry just be made available in full to the quad comm for its appreciation and consideration, according to the former president’s counsel.
Delgra noted that Sen. Aquilino Pimentel III, co-chairman of the Senate Blue Ribbon subcommittee, has publicly mentioned that such transcript is available for those who would duly request for it.
“On this note, we attach to this letter the former president’s opening statement before the Senate subcommittee for easy reference and as added inputs to the ongoing legislative inquiry. The statement addressed both the rehabilitative and retributive aspects in the implementation of the war on illegal drugs,” Delgra said.
He added that the quad comm’s legislative inquiry on EJKs is an adjunct issue to the broader subject matter on the Philippine war on illegal drugs, which was the subject of the Senate inquiry.
DOJ task force
Justice Secretary Jesus Crispin Remulla has ordered the creation of a task force that will investigate EJKs in the Duterte administration’s bloody war on drugs.
Under the Department of Justice (DOJ)’s Department Order 778, the task force will be chaired by a senior assistant state prosecutor and co-chaired by a regional prosecutor with nine members from the National Prosecution Service.
The task force is tasked to probe, conduct case build-up and file necessary charges, if warranted, against the perpetrators and those involved in EJKs during the previous administration’s anti-illegal drug campaign.
The task force will also coordinate and assist the House quad comm and Senate Blue Ribbon subcommittee in their respective investigations into the controversial drug war.
“Spare no one, hold accountable every personality who had a hand in the senseless killing perpetrated by abusive persons in authority during the past admin’s anti-illegal drug campaign,” Remulla said.
The task force will also include, if necessary, a team from the National Bureau of Investigation (NBI) for assistance and will be required to submit a report to Remulla no later than 60 days from the issuance of order.
In a separate interview with reporters, newly appointed Prosecutor General Richard Anthony Fadullon vowed to investigate EJKs during the Duterte administration’s drug war, acknowledging that it is “definitely going to be a very big task” since it will require going back on records of previous operations and cases.
Fadullon, however, said nothing would prevent the DOJ from looking into cold cases, adding that murder and homicide cases have a prescriptive period of 20 years and can be filed before the courts within that timeframe.
ICC Support
Two congressmen from the House’s so-called Young Guns yesterday expressed support for the release to the International Criminal Court (ICC) of the official transcript of records on the Senate Blue Ribbon subcommittee hearings on Duterte’s war on drugs.
At a press conference, Deputy Majority Leader and Tingog party-list Rep. Jude Acidre and Assistant Majority Leader and Ako Bicol party-list Rep. Jil Bongalon said that since the proceedings were public and accessible, they see no reason to withhold the transcript, contrary to the contention of Sen. Ronald dela Rosa.
The Senate hearing, which saw Duterte taking full responsibility for the drug war, was broadcast live on social media, making it accessible to the public, according to Acidre.
“The Senate hearing was a public proceeding. It was streamed live in social media. It’s a matter of certifying. I don’t think there’s going to be a problem with it,” he said.
He questioned the hesitation of some senators in sharing the transcript with the ICC, emphasizing that releasing the document should not be misconstrued as cooperation with the ICC.
“I don’t see the point of the good senator (Dela Rosa) why he didn’t want it. It cannot be misconstrued as cooperating because other than what actually happened and what actually has been said, nothing will be added,” Acidre said.
If the statements made during the hearing were truthful, there should be no fear in sharing the transcript with any entity, according to the lawmaker.
Bongalon agreed, affirming that he saw no reason for the Senate to deny any legitimate request for the official transcript.
“For me, I don’t see any reason for the Senate not to grant any request for the official transcript of the Senate Blue Ribbon subcommittee. It’s for a justifiable purpose, then they will issue it,” Bongalon said.
“I guess the grant of any request for the transcript is not in any way aiding the ICC because we have to remember that the ICC is doing its investigation independently, so we should not be a stumbling block to whatever investigation will be conducted by the ICC,” Bongalon said. – Daphne Galvez