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Presidential immunity only applies to sitting presidents — DOJ

Ian Laqui - Philstar.com

December 19, 2024 | 5:04pm

Presidential immunity only applies to sitting presidents â�� DOJ

Former Philippine president Rodrigo Duterte attends a senate probe on the drug war during his administration, in Manila on October 28, 2024. Former Philippine president Rodrigo Duterte strongly defended his deadly drug war as he testified October 28 at a senate probe of the crackdown. Police said the campaign left more than 6,000 people dead, but rights groups estimate tens of thousands of mostly poor men were killed by officers and vigilantes, often without proof they were linked to drugs.

AFP / Jam Sta Rosa

MANILA, Philippines — A presidential immunity from suit does not apply to past presidents, making the filing of charges against former President Rodrigo Duterte possible, Justice Undersecretary Jesse Andres said on Thursday, December 19.

Andres said this in an ambush interview with reporters when asked if the former president, who is implicated in the alleged crimes against humanity, is immune from suit being the former president.

“All past presidents are no longer immune from suit. Only the sitting president is immune from any legal suit during his time,” Andres said.

This is in connection with the recommendation of the filing of charges of the House Quad Committee on Wednesday, December 18, of crimes against humanity charges against Duterte and his allies over the war against drugs.

President Ferdinand Marcos Jr. said that it is the Department of Justice that will look into the findings of the House Quad Committee and determine which courts to file the case in.

According to Andres, the possible charges that will be filed against Duterte and his allies would be based on evidence gathered and will not be used for filing harassment cases.

“Pagaaralan ng mabuti ng DOJ-NPS (Department of Justice-National Prosecution Service), ang lahat ng dokumento at ebidensiya na ieelevate ng ating QuadComm doon sa kanilang commitee report that could possibly implicate people on crimes against humanity and interrnational huminatrian law,” Andres said.

(The DOJ-NPS [Department of Justice-National Prosecution Service] will thoroughly review all documents and evidence elevated by our QuadComm in their committee report that could potentially implicate individuals in crimes against humanity and violations of international humanitarian law.)

When asked if a subpoena will be issued against Duterte and others, Andres said that it is “possible.”

“There are already admissions on record made by the former president and that is evidence that is admissible because these are all under oath and in a public proceeding,” he said.

Duterte before the DOJ

If the case has been transferred to the National Prosecution Service, this will be the second instance where the Department of Justice under the Marcos administration will probe the former president over the alleged drug war killings.

On November 6, the Justice department said it had formed a task force to investigate the killings during the drug war. Justice Secretary Jesus Crispin Remulla said on November 18 that the task force is currently probing the former president on alleged violations of International Humanitarian Law.

During the drug war, government data estimates 6,000 deaths. However, an international human rights group estimates up to 30,000 fatalities which usually consist of small-time drug pushers and users. — with reports from Jean Mangaluz and Dominique Nicole Flores