By maintaining a balanced approach and upholding legal principles, Congress can fulfill its duty to the Filipino people while respecting the rights of all individuals involved
In recent developments concerning the House Committee on Human Rights’ probe into alleged rights violations during the Duterte administration’s war on drugs, the issue of compelling attendance by Senator Ronald “Bato” Dela Rosa and former President Rodrigo Duterte has sparked significant legal and political discourse.
Here’s an analysis of the situation, exploring arguments from various perspectives on both sides of the debate.
Arguments compelling attendance
1. Command Responsibility: As former Philippine National Police Chief during the drug war, Senator Bato Dela Rosa held a pivotal role in its implementation.
The principle of command responsibility under international law, which the Philippines recognizes through various treaties and conventions, holds leaders accountable for actions taken under their command.
Dela Rosa’s presence is essential to clarify his role and responsibility in any alleged human rights violations.
2. Constitutional Duty: The Philippine Constitution mandates that Congress has the power to conduct inquiries in aid of legislation.
This includes investigations into matters of public interest and importance, like human rights abuses.
Former President Duterte and Senator Dela Rosa, as public officials during the period in question, have a duty to participate in these inquiries to uphold transparency and accountability.
3. Judicial Precedents: Philippine Supreme Court precedents emphasize the oversight function of Congress and the importance of legislative inquiries in uncovering truths that may inform future legislation or policy decisions.
These rulings underscore the legality and necessity of compelling attendance when the public interest and Constitutional mandates are at stake.
4. Inter-Parliamentary Courtesy: While inter-parliamentary courtesy is traditionally observed between the Senate and the House of Representatives, it typically pertains to matters directly affecting legislative functions.
In this case, the inquiry focuses on actions taken prior to their current senatorial or private citizen status, thus reducing the applicability of this courtesy.
Arguments vs. compelling attendance
1. Self-Incrimination: Both Duterte and Dela Rosa may invoke their right against self-incrimination guaranteed by the Constitution.
This right shields individuals from being compelled to testify or provide evidence that may incriminate themselves in criminal proceedings.
2. Separation of Powers: Critics argue the congressional inquiry may encroach upon the judicial branch’s authority, especially if the purpose veers towards a criminal investigation rather than legislative oversight.
This argument hinges on maintaining the separation of powers and preventing legislative overreach.
3. Selective Targeting: Some proponents argue the inquiry targets specific individuals without a clear legislative purpose, potentially devolving into a political spectacle rather than a genuine pursuit of legislative reform or accountability.
4. Executive Privilege: Former President Duterte, invoking executive privilege, may refuse to divulge certain information or attend hearings on matters that fall under privileged executive communications or decisions.
Resolution and Recommendations
In evaluating these arguments, it is imperative for the House Committee on Human Rights to clarify the scope and purpose of its inquiry.
Balancing the rights of individuals against the public interest in transparency and accountability is a delicate task.
The committee should ensure the inquiry adheres strictly to legislative oversight functions, respects Constitutional rights, and avoids perceptions of political bias.
Recommendations include fostering a cooperative environment where witnesses feel compelled to attend voluntarily, while respecting legal rights and ensuring fair treatment.
Congress should also consider providing clear guidelines on the limits of inquiry to prevent potential abuses of power or violations of individual rights.
Ultimately, the pursuit of truth and justice should guide these proceedings, ensuring that any findings contribute meaningfully to legislative reforms aimed at protecting human rights and upholding the rule of law in the Philippines.
By maintaining a balanced approach and upholding legal principles, Congress can fulfill its duty to the Filipino people while respecting the rights of all individuals involved.
