QuadComm urges DOJ to file charges vs Duterte after Senate remarks

The Department of Justice (DOJ) should file criminal charges against former President Rodrigo Duterte following his remarks during Monday's Senate hearing, leaders of the House Quad Committee (QuadComm) said Tuesday.

Manila Representative Benny Abante and Laguna Representative Dan Fernandez made the call after Duterte appeared before a Senate blue ribbon subcommittee hearing where he said he ordered police officials to encourage suspects to resist so they could justify killing them. 

Duterte also admitted during the nearly eight-hour hearing that he used to have a "death squad" composed of gangsters, and took full responsibility for his administration brutal drug war that is blamed for the deaths of thousands, including minors. 

"When a leader knowingly permits the slaughter of civilians under his watch, and when he admits that he bears responsibility, it is an inescapable truth: he is criminally liable," Abante, who chairs the House Committee on Human Rights, said in a press conference.

Abante said Duterte’s admission meets all the elements of command responsibility for crimes against humanity under Republic Act (RA) 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

"This is not a case of semantics or vague responsibility—this is a direct admission from the former President himself. By publicly taking full responsibility for the thousands of extrajudicial killings that plagued our nation during his term, Duterte has admitted to a level of command responsibility that the law considers criminal," the Manila lawmaker said.

Abante specifically cited Section 10 of RA 9851, which establishes the principle of command responsibility and holds superiors liable for crimes committed by their subordinates if they had knowledge of the crimes and failed to take necessary actions to prevent or repress them.

"We have taken one step closer to holding Duterte accountable, but this is not the end. I urge our justice system to respond swiftly, to file charges, to conduct investigations, and to ensure that justice is served," Abante said.

Fernandez agreed, saying the former President's statements made before the Senate were under oath and as such should be taken seriously.

"Kitang-kita naman [It was plain to see]. The [former President] likes to joke around that sometimes, we don't know what's the truth. This time, he must he held responsible for what he said. And accordingly, under RA 9851, he has command  responsibility during his incumbency," Fernandez said.

"This RA 9851 should be used by the Department of Justice [in prosecuting Duterte]," he added.

The Justice Department has yet to respond to reporters' query regarding the matter.

Abante said Duterte's admissions should also be used by the International Criminal Court (ICC) in its ongoing investigation on drug war deaths during his administration.

Based on police records, individuals killed during the police’s anti-drug operations under the Duterte administration reached around 6,000, but human rights groups contend that the deaths could be as many as 30,000, including vigilante killings.

Also on Monday in the Senate, Duterte said he is wondering why the Justice Department has yet to file charges against him despite his admissions on killing.

Platform of denial?

In addition, Abante said Monday’s Senate probe only allowed Duterte and his allies to deny their role in the drug war deaths without being subjected to scrutiny or additional corroborating evidence

“The recent Senate hearing also laid bare another troubling truth: it is nearly impossible to hold a fair and objective inquiry when those who should be testifying are instead influencing the very proceedings. We saw how the former president was given a platform to rewrite history, to gaslight the nation by justifying acts that led to the deaths of thousands,” Abante said.

“When resource persons are faced with figures like Senator Bato Dela Rosa, there is no level playing field; the environment is one of intimidation, designed to silence or steer the narrative. Any witness who dares to speak out is at risk of being bullied or dismissed. This was not a hearing in the service of truth; it was a forum for denial, for him to rationalize the indefensible,” Abante added.

While Senator Bong Go and Dela Rosa have the right to defend themselves, Abante said the same right was deprived to the victims of the drug war killings to begin with. 

“Senator Bato, Senator Go, kung talagang matapang kayo, kung naniniwala kayo na wala kayong sala [if you are truly brave, and if you really believe you have done nothing wrong], then show some real delicadeza and appear at our hearings, where your statements can be challenged and cross-examined,” Abante said.

But for Senate President Francis Escudero, the statements made by former President Duterte before the Senate is a step towards achieving justice.

“His words yesterday were all under oath and that could be used in favor or against him. I think he is proud of the things he did and said. That was clear in his statements. He said I am willing to take full responsibility, me, just me,” he said in a separate press conference.

Escudero, however, said the Constitution is clear that the right to life must be protected and lawlessness is not cannot be tolerated.

"Hindi mo pwede ilagay sa kamay mo ang batas,” he said.

(You cannot take the law into your own hands.)

“A civilized government can do nothing less than to provide and ensure due process to anyone and everyone,” Escudero added. —KBK/BM, GMA Integrated News