File charges vs Duterte, lawmaker urges

A PARTY-LIST lawmaker on Monday said charges should be filed against former president Rodrigo Duterte after he took full responsibility for extrajudicial killings (EJKs) during his war on drugs and confirmed the existence of the Davao Death Squad (DDS) in testimony before the Senate Monday.

"Duterte not only confirmed the existence of the Davao Death Squad but also implicated all former Philippine National Police (PNP) chiefs under his administration, admitting to ordering the provocation of 'drug suspects' to justify their killing," said Akbayan party-list Rep. Percival Cendaña.

"This admission lays bare his direct role in orchestrating state-sponsored killings. Akbayan party-list demands the immediate filing of charges against Duterte and all complicit officials for their involvement in these heinous crimes. The lives of countless Filipinos were sacrificed on the altar of Duterte's ruthless anti-drug campaign. Justice must now be served without delay," he added.

Akbayan also called on the Department of Justice (DoJ) to act swiftly.

"Accountability is not optional; it is the foundation of a just society. Akbayan stands firm in pursuing justice for the victims and remains committed to holding Duterte accountable for his crimes against the Filipino people," they said.

Akbayan's first nominee, human rights lawyer Chel Diokno, who was present at the Senate hearing, said in a television interview on Tuesday that Duterte's admission is "damning evidence."

"It is very damning evidence because he made those statements under oath, and those are considered extrajudicial admissions, that is coming from the horse's mouth, and it's the best kind of evidence because it doesn't come from someone else. It comes directly from the former president," Diokno said.

"I'm not sure he realized the consequences of making those statements and that in itself can constitute a lot of strong evidence of what he was doing in Davao as president," he added.

Diokno also said courts can use Duterte's statements and admissions at the Senate against the former president.

"The whole country heard his admissions. To us, that is already the strongest evidence," he said in Filipino.

Diokno said Duterte admitted to encouraging suspects to fight back so the police could kill them, which the lawyer said is against the law, as the police are only allowed to respond to what the suspects were doing and not provoke them.

"If you take that together with all of his other statements from 2016, that also constitutes strong evidence of his participation," Diokno said.

Meanwhile, Senate President Francis Escudero said it would be difficult for Duterte to retract his statements made before the Senate blue ribbon subcommittee regarding the killings associated with his war on drugs.

In a media forum at Kapihan sa Senado on Tuesday, Escudero said although the former president said nothing new, he made his statements in the Senate under oath.

In his opening statement, Duterte defended his war against illegal drugs, which he said was not about killing people but about protecting the innocent.

"My mandate as President of the Republic was to protect the country and the Filipino people. Do not question my policies because I offer no apologies or excuses. I did what I had to," the former chief executive said.

"My job as president was never easy... I have tried to do the best I can to address the problem of illegal drugs firmly and without compromises. For all its successes and shortcomings, I, and I alone, take full legal responsibility," he added.

Escudero said the video footage from Monday would show that Duterte was not joking about what he said.

The Senate will make public the transcript of the former president's remarks and the sworn statements of other resource persons. This transcript can be used by anyone who wants to file a case or provide support in any case that will be filed against the country's former president, he said.

Escudero also praised Sen. Risa Hontiveros for calling out Duterte for using profanity during the Senate hearing.

Escudero also commended Minority Leader Aquilino Pimentel III for the fair handling of the blue ribbon subcommittee investigation on extra-judicial killings.

Escudero said Pimentel did a good job letting all resource persons air their views and positions, especially since it was the first time Duterte testified, under oath, on extra-judicial killings and the anti-drug war during his administration.

"The role that Senator Koko played on Monday was not easy, and for me, he did his best to preside over that hearing and gave everyone a chance to speak, which is the most important thing," Escudero said in Filipino.

After the hearing, Pimentel said Duterte's admission of having his own death squad should be analyzed by criminal law experts as to its value as evidence against him.

"His words will have to be analyzed by lawyer-experts in criminal law as to their overall value as evidence," Pimentel said in a text message on Tuesday.

"I want lawyers in and out of government to go over what the former president said under oath. Those interested in the issue should act accordingly," he said in Filipino and English.

Pimentel said the Senate committees conducting investigations on issues of national concern are "just a venue or avenues to obtain other forms of evidence."

Pressed to comment on some observations that the Senate Blue Ribbon subcommittee's probe on Duterte's anti-drugs campaign provided a venue for Duterte to clear his name, Pimentel said, "FPRRD (former president Rodrigo Roa Duterte) was personally present. Hence, he got to speak."

"Those absent were obviously not able to speak. We need those with something to say to appear before the subcommittee because, as I've stated, we will follow the evidence," he added.

Pimentel said he has yet to schedule the next hearing as he needed to shift his attention to the 2025 national budget.

He also said the Philippine National Police should treat the Commission on Human Rights (CHR) as a "friend and ally."

CHR Chairman Richard Palpal-latoc testified during the hearing that the PNP refused to cooperate with the agency in providing documents related to the extrajudicial killing of drug suspects

Also on Tuesday, Justice Secretary Jesus Crispin Remulla disputed Duterte's claim that there was a resurgence of criminal activity under the Marcos administration.

Remulla emphasized that recent data from the PNP shows a 10.66 percent reduction in recorded crimes from July 1, 2022, to Jan. 31, 2024, compared to the period from Dec. 1, 2020, to June 30, 2022.

Out of eight major crime categories, seven have shown significant declines, including a reduction in rape by 11.08 percent, physical injury by 10.59 percent, robbery by 2.26 percent, murder by 10.17 percent, carnapping by 23.27 percent, and homicide by 0.91 percent. The only exception is theft, which saw a slight increase of 4.79 percent.

"The Department of Justice categorically dismisses former president Duterte's claims as anecdotal and unsupported by empirical data," Remulla said.

He added that while the former president's leadership is respected, his perceptions do not align with the documented reality of crime trends.

"The peace and order situation remains a top priority for the Marcos administration, and we are committed to assuring the Filipino people that our nation is on a path toward greater stability and security."