The Quad Committee recently made headlines again by recommending the filing of Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and other Crimes against humanity, against former president Rodrigo Duterte, two senators, and high-ranking police officials in connection with Duterte administration’s alleged bloody drug war.
Two possible outcomes dominate the discourse surrounding this case: Duterte could either be convicted or acquitted. But what is the likelihood that Duterte will be convicted or acquitted?
For now, the Quadcomm’s basis is the information they gathered in the investigation, supposedly in aid of legislation. However, the way they extracted testimonies, based on their own House rules, is still highly questionable. The witnesses were under threat of being cited for contempt if their answers did not align with what the committee wanted to hear.
As observed, there are lines of questioning from the congressmen that are highly objectionable and would not be allowed in the proper court of law. Based on the available evidence, the case against Duterte is an uphill battle. Additional evidence is needed to make their case airtight.
Since this is just a recommendation, it will undergo the regular preliminary investigation at the prosecutor’s office, as provided under the Rules of Court. This is not an easy task for the handling prosecutor, as Filipino people are surely keeping an eye in every stage of the procedure. The prosecutor can either dismiss the case at this level or file it in court if there is probable cause.
Section 18 of the said law states that the Regional Trial Court (RTC) of the Philippines shall have original and exclusive jurisdiction over the crimes punishable under this act. For the sake of discussion, if the case reaches the RTC, it may issue a warrant of arrest against Duterte and his co-accused.
As a matter of procedure, they will be arrested and detained while the case is pending trial. They may post bail depending on the circumstances. If acquitted, they will be freed. However, if convicted, they can still appeal to the Court of Appeals and to the Supreme Court.
What will happen if Duterte is convicted by final judgment or even when a warrant of arrest is issued and he is arrested? Those who perceive Duterte as a murderer will be very happy, but what about those who see him as a hero?
The 2028 presidential bid of Sara Duterte is highly significant. Her father’s liberty is at stake. If she becomes president, she could pardon him, and he would eventually be freed. But if she loses, Digong will rot in jail.
As observed, Digong has more supporters than Sara. Many note that the two are unique and different. Some people like Digong but don’t like Sara, perceiving her as bratty and stubborn. Given the scenario above, will they be forced to support Sara to save Digong.
How about the sympathy votes? The scenario must be handled carefully; after all, Filipinos are fond of taking sides with the underdogs.