Moving on

Despite the explosive revelations coming out of the quad committee hearings at the House of Representatives, Filipinos are still looking forward to the International Criminal Court taking the lead in investigating the drug-related killings under the watch of Rodrigo Duterte.

This illustrates deep distrust of the criminal justice system in this country.

The scenarios playing out in the minds of Pinoys skeptical of the country’s justice system have a common thread: Duterte and certain key players in his so-called war on drugs will be cleared.

This is because of the poor track record in holding the powerful and wealthy accountable in our weak republic.

Just look at Juan Ponce Enrile and Gigi Reyes. Senators Bong Revilla and Jinggoy Estrada. Gloria Macapagal-Arroyo. Imelda Marcos, convicted of seven counts of graft, is still merrily celebrating her birthdays at Malacañang. Her husband was never convicted of anything, and got his wish to be buried in the heroes’ cemetery.

The latest Sandiganbayan ruling, which dismissed a forfeiture case involving P276 million of the Marcoses’ wealth due to “inordinate delay” on the part of the Presidential Commission on Good Government, sets the stage for the mass dismissal of all cases against Imeldific, her husband and their children related to ill-gotten wealth.

With the case pending for 37 years, the Marcoses “can no longer be afforded a fair trial” as most of the potential witnesses may have already died and documentary evidence “may no longer be located,” according to the Sandiganbayan.

Being 95 years old, Imeldific’s “ability to testify and recall the events has assuredly declined, as has her health,” the anti-graft court said.

Meanwhile, Ferdinand and Imelda’s children were minors at the time the questioned estate was allegedly acquired illegally through a crony from the Government Service Insurance System, so they cannot competently testify on the matter, the Sandigan’s Second Division ruled.

The ponente of the resolution, Associate Justice Geraldine Faith Econg (with Edgardo Caldona and Arthur Malabaguio concurring), was one of the justices who voted to acquit Enrile and Gigi Reyes of plunder in the pork barrel scam. We’ll wait for Econg’s promotion to the Supreme Court.

This is moving on, under Marcos 2.0.

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In the event (still looking unlikely, despite the quad comm hearings) that Duterte will be indicted in the Philippines, not just for multiple murder or homicide in connection with the drug killings under his watch, but for crimes against humanity – an offense under Republic Act 9851 – what do you think will happen?

For skeptics, these are the possible scenarios:

One, Duterte will be acquitted by judges he appointed or promoted, although some of his underlings might be thrown under the bus, just like Bong Revilla’s aide Richard Cambe who died in prison.

The underlings will not include Senators Ronald dela Rosa and Bong Go, who want to conduct their own probe into issues where they stand accused as principal offenders. Both are in the “Magic 12” winning circle of senators for 2025, according to surveys.

Two, the case will drag on for two decades, during which Duterte will have served nine more years as Davao City mayor, and then nine years as vice mayor to one of his children, after which he would have either joined his Maker, or be insulated by advanced age from incarceration, like the immortals Enrile and Imeldific.

And the ayuda nation will still be applauding lustily as Duterte carries out his brand of swift justice. Didn’t he win the presidency with the promise to kill, kill, kill?

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In insisting that the Philippines can carry out a credible investigation of the abuses committed in the drug war, the Marcos administration must answer one question: is it ready to go after Rodrigo Duterte for possible crimes against humanity?

This is the angle that is being pursued by the International Criminal Court. The ICC believes that the Philippine government, even under Ferdinand Marcos Jr., is unable or unwilling to go after the suspected perpetrators of the mass killings in the bloody crackdown on illegal drugs, carried out when Duterte was president and earlier when he and his daughter Inday Sara took turns as mayor of Davao City.

The Philippine National Police has announced that it would reopen investigations into the killings. Malacañang expressed support last Wednesday for the PNP probe.

The National Bureau of Investigation has also reopened its probe into cases that might be related to the drug war, such as the murder of Wesley Barayuga, board secretary of the Philippine Charity Sweepstakes Office. Then PCSO general manager Royina Garma and former police colonel Edilberto Leonardo allegedly ordered the hit because Barayuga was about to expose corruption in the agency.

Leonardo, who recently resigned from his sinecure in the National Police Commission, is said to be having his own epiphany and may also soon let the truth set him free.

The best stories, of course, could come from Senators Bato dela Rosa and Bong Go. But don’t expect the two to dissociate themselves from the Duterte narrative about the positive aspects of the drug war.

Dela Rosa, ever jocular, told us yesterday on One News’ “Storycon” that “I would sink or swim with president Duterte” and he would be loyal to his bossing “forever and ever!”

Bong Go is likely to have the same mindset.

ICC assistant to counsel Kristina Conti told Storycon last Wednesday that any probe by the government on the drug war at this point is already “too little, too late.”

But she said the ICC and quad comm probes could complement and complete each other.

While the two cannot cooperate formally, with Marcos 2.0 so far refusing to make the country rejoin the ICC, there can be indirect information sharing, with the ICC accessing transcripts and video footage of the quad comm hearings. These materials are in the public domain.

The skeptics might yet change their mind.

At this point, however, the fear is that after all the recent revelations, the main players will ultimately go scot-free, and the nation will just have to move on.