I COULD not believe the statement of President Duterte—former prosecutor and now our Chief Executive—that he believed the account of the members of the Criminal Investigation and Detection Group that the death of Albuera, Leyte Mayor Rolando Espinosa was the result of a shootout. According to the cops, the mayor resisted receiving the search warrant served on him. It was served during the wee hours of the morning, right inside his prison cell.
The President said it anyway, adding that if the CIDG members would go to jail for what happened in Leyte, he would join them. He takes full responsibility for the bloody war on illegal drugs that has so far has claimed more than 3,400 lives— and still counting.
There is a series of investigations to verify what really happened. Even a Senate investigation to ferret out the truth, which of late the senators found was a case of “premeditation” by the CIDG group, the President’s prejudgment of the case is disturbing.
My gulay, the very fact that the CIDG called on the Scene of the Crime Operatives or SOCO even before the CIDG could serve the search warrant was telling.
The prejudgment was bad enough, but the President saying he was willing to go to jail if the CIDG members are found guilty is too much.
The President knows he has absolute immunity while in office. Or it could be that his spokesmen need to clarify what he truly meant.
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On the day Espinosa was killed, the chief of the Philippine National Police was in Las Vegas with other VIPs. He should have decided to come home immediately, even if it meant missing the Pacquiao-Vargas boxing match for which he went there in the first place.
He did not. In fact, he stayed on and was seen on television jumping with glee over Pacquiao’s victory. He was even seen with Pacquiao when the latter showed off the boxing belt that he had won.
Ombudsman Conchita Carpio Morales said she intended to probe Dela Rosa for violating the anti-graft law. What did the PNP chief do? He boasted that all the expenses for his trip—with his family—were taken care of by Pacquiao. My gulay, there were even allowances for shopping and entertainment!
Pacquiao came to Dela Rosa’s defense forgetting that the law requires public officials to act with propriety and lead modest lives.
While both Dela Rosa and Pacquiao appear ignorant of the law, ignorance is no excuse. The law prohibits public servants from accepting “directly or indirectly, a gift from a person other than a member of his family or relatives… even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is insignificant, or the gift is given in anticipation of, or in exchange for a favor.”
The Office of the Ombudsman has enough to go on with its probe into the junket. And while she is at it, she should also include some members of Congress in that same junket. This will be a test case.
This will send a message to public officials that such a law exists. Most people who give away such gifts rarely have pure intentions. Santa Banana, when I visit members of the Cabinet during the Christmas season, I get stunned seeing so many boxes and gifts that their offices look like a department store. This must stop.
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When I saw the headlines the other day that the President was thinking of suspending the writ of habeas corpus (which literally means producing a body before a court of law), chills went down my spine.
Santa Banana, I said, is Martial Law or revolutionary government next?
The President says he is considering the suspension because of the enormity of the illegal drug problem nationwide.
It led me to read Section 18 Article VII of the 1987 Constitution: “… In case of invasion or rebellion, when the public safety requires it, he (the President as Commander-in-Chief), for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place it the Philippines or any part thereof under Martial Law…”
It is clear that the President cannot equate the war on illegal drugs and criminality to invasion or rebellion. And what rebellion? The President is already talking peace with the Communist Party of the Philippines and the Muslim separatist movements. So, what’s there to suspend the writ of habeas corpus for?
If you read the Constitution, the suspension of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses in or directly connected with invasion. During the suspension of the writ, the person arrested or detained shall be judicially charged within three days – otherwise he shall be released.
As expected, the Palace spokesmen now say that the suspension of the writ of habeas corpus was only an idea.
The President should not be thinking about it at all. The mere mention of suspending the writ of habeas corpus could point to Martial Law or the imposition of a revolutionary government.
Besides, the idea of the writ of habeas corpus suspension could only mean that the President is failing in his war on the illegal drug menace. So is he telling us he is failing?
I don’t believe so, with no less than 3,400 already killed, one-half of them in summary and vigilante killings.
