Paradox of Congress probe on drug war EJKs

The House of Representatives’ four-committee panel, or quad comm for short, will be ready to submit its partial report on the alleged extrajudicial killings (EJKs) related to the all-out war against illegal drugs once the 19th Congress resumes its session next month. The quad comm’s partial report on their initial findings as well as the recommended legislative measures to address the EJKs and related cases on the Philippine online gaming operators (POGOs) will be submitted for plenary debate of the House lawmakers.

As the chairman of the House committee on illegal drugs, one of the committees in the quad comm, Surigao del Norte Rep. Robert Ace Barbers disclosed he filed last week two bills for immediate enactment of relevant laws. First, Barbers proposed a law to clearly define what constitute EJKs and prescribe penalties to discourage such acts by police and other law enforcement authorities. The other, he added, is a proposed legislation to impose a total ban on all kinds of POGOs and other online gaming enterprises.

Barbers announced last Wednesday in our Kapihan sa Manila Bay news forum that the soon-to-come out quad comm report will dwell only on the official estimates of the Philippine National Police (PNP) of around 6,000 drug war-related EJKs recorded during the previous administration of former president Rodrigo Duterte. Barbers clarified the quad comm focused only on the alleged drug war-related EJKs in the conduct of Oplan Tokhang during the Duterte administration when the PNP was headed by now Senator Ronald “Bato” dela Rosa.

While the quad comm has invited ex-president Duterte as resource person to their public hearings, Barbers lamented these were ignored. Barbers renewed the offer of the quad comm as the best platform and venue that will enable Mr. Duterte to refute the allegations against him. Both ex-president Duterte and Sen. Dela Rosa were among those implicated in the alleged “crimes against humanity” filed by human rights groups against them before the International Criminal Court (ICC).

Nonetheless, Barbers reiterated the quad comm members were all in agreement in rejecting the idea of submitting to the ICC their official report on the congressional investigation. Barbers echoed the declared policy of President Ferdinand “Bongbong” Marcos Jr. (PBBM) to keep the Philippines out of ICC membership, a decision made by his immediate predecessor, ex-president Duterte.

Barbers, however, welcomed the reported willingness of both Senators Dela Rosa and Bong Go to appear before the quad comm hearings in order to face their accusers and clear their names on their alleged involvement in the EJK cases. Barbers assured both senators they will be “accorded due respect and courtesy” as fellow lawmakers of Congress.

However, Barbers frowned upon the reported plans of Sen. Bato to conduct the Senate’s own committee inquiry into the drug war-related EJKs, where he promised to invite ex-president Duterte. Sen. Bato chairs the Senate committee on public order and dangerous drugs. While there is no prohibition on the conduct of parallel investigations in Congress on the same subject matter, Barbers rhetorically asked: “The bigger question that should be asked is, ‘Why would you investigate yourself in your own committee?’”

Barbers noted the turnaround testimony of former Philippine Charity Sweepstakes Office (PCSO) general manager Royina Garma added a new angle to the investigation of the quad comm. While assigned as the Cebu provincial police chief, Garma admitted she allegedly received instructions to coordinate with Malacañang the release of “reward money” for the EJK operations targetting illegal drug suspects.

Barbers explained the quad comm needs to look into this because of the alleged use of the government’s annual budget for intelligence and confidential funds purportedly diverted as “reward money” for EJKs of illegal drug suspects. Barbers pointed out it becomes “state-sanctioned” killings of suspects if government budget for intelligence funds was used in violation of our country’s existing laws and the Constitution itself.

Even while Congress is in recess, the quad comm continued with its marathon public hearings. In the last public hearing held on Oct. 11, it took quad comm almost 14 hours of non-stop testimonies and question-and-answer exchanges. At last week’s hearing, Garma tearfully testified under oath her admission of the EJKs, allegedly at the behest of her former commander-in-chief.

As one of those accused in the EJK cases in Cebu, Garma initially denied in an affidavit she submitted and testified before the quad comm. This led to her being cited for contempt and detained at the Batasan Pambansa in Quezon City. At the resumption of the quad comm hearing, Garma issued and read the second affidavit of her emotional self-confession.

After a one-month recess that started last Sept. 27, Congress will resume session on Nov. 4. According to Barbers, the quad comm will conduct its ninth public hearing on Oct. 22 before drafting their initial report for submission to the plenary. Aside from House illegal drugs committee of Barbers, the three other committees in the quad comm include the committee on public order, the committee on human rights and the committee on public accounts.

At the first public hearing of the quad comm, Barbers made the dramatic call: “Tell us the evil you have experienced.”

Barbers revealed a number of witnesses have voluntarily come out to shed light on the EJKs and POGO-related criminal activities. But to protect the integrity and credibility of the quad comm, these witnesses were required to submit sworn affidavits before their own chosen lawyers and vetted by the House legal panel to ensure these volunteered testimonies are not in pursuit of self-agenda or political interests.

As a safeguard against recantation and lies peddled before legislative hearings, Barbers vowed to introduce in Congress a proposed bill to impose stiffer fines and penalties on lawyers who allow perjured affidavits that they notarized.

Barbers also vowed to push for the immediate enactment of one of his pending bills seeking to restore the death penalty against big-time illegal drugs offenders. The revival of the Death Penalty Law becomes the paradox of the quad comm probe into drug war-related EJK cases.