Chiz: Rody’s statements under oath may be used against him

The statements of former President Rodrigo Duterte during the first Blue Ribbon subcommittee hearing on his administration’s bloody war on drugs were made under oath and are no laughing matter, Senate President Francis Escudero said, adding that families of victims of extrajudicial killings can now use these to file criminal cases.

“All the words he (Duterte) stated (Monday) were under oath, sworn to, and true to the best of his knowledge, which could be used either for or against him,” Escudero said in a press briefing at the Senate on Tuesday. “What he swore to could not be dismissed as a joke.”

“And we’ll let the lawyers weigh in on that and analyze that because the beauty of the transcript is that the smile – or if it’s just a joke or not – is not there. Hopefully it won’t end with the presentation at the committee. I hope they go straight to filing (of cases),” he added.

Families of EJK victims and lawmakers likewise pinned their hopes on the International Criminal Court, but Escudero the Senate has yet to receive any formal communication from the ICC regarding Duterte’s statement that he takes full responsibility for the drug war and that he maintained a death squad in Davao City.

“No formal communication has been sent to me as Senate President for me to actually make an educated evaluation of what they will do or where they are right now in the current situation. No formal communication has been sent to the Senate about that,” Escudero said.

ICC Assistant to Counsel Kristina Conti, in a television interview yesterday, said families of victims of extrajudicial killings are pinning their hopes on the ICC amid Duterte’s disclosure during Monday’s Senate hearing.

“Anybody with info or evidence is free to file charges against Duterte in a local court. On our part, for the victims of the war on drugs under the group Rise Up for Life and for Rights, we’re placing our bets on the ICC. We don’t expect to get a proper investigation if we will file a case in the Philippines because it will still be the police who will investigate,” Conti told ANC.

Senator Risa Hontiveros said Duterte should answer first to the law before looking for divine punishment after the former President said he does not care for criminals and that they can meet in hell.

“He should first be held accountable under existing laws before facing the punishment of hell. After all, he took responsibility for the bloody war on drugs that resulted in the deaths of thousands of Filipinos,” Hontiveros said.

At the House of Representatives, a co-chairman of the Quad Committee thanked Duterte for his admission on the notorious Davao Death Squad, saying the former President’s honesty could now be the key to his own prosecution.

Manila Rep. Bienvenido Abante Jr. said Duterte’s own words could provide the evidence needed to hold him accountable under Republic Act No. 9851, which defines and penalizes crimes against humanity.

“I thank him for his honesty. He admitted it,” said Abante as he urged the Department of Justice to now act on Duterte’s binding testimony.

At one point during the hearing, Duterte revealed he had instructed police to “encourage” suspects to resist arrest, thus allowing officers to kill them and avoid the long process of prosecution.

“This admission is significant as it highlights that cases are now ripe for filing against those responsible for the extrajudicial killings during the drug war,” Abante said.

Retired police colonel Royina Garma earlier told the Quad Committee that Duterte and other high-ranking officials during his term operationalized the so-called “Davao model” of EJKs on a nationwide scale, rewarding cops for every drug suspect killed.

Police Lt. Col. Jovie Espenido also testified a scheme of payouts to hitmen neutralizing or killing drug suspects existed, with funds flowing from the level of Duterte’s former special adviser and now Senator Bong Go.

For his part, Quad Committee co-chairman Santa Rosa City Rep. Dan Fernandez said Duterte should be held accountable for crimes against humanity.

“Him being the superior authority of the land during his incumbency, he bears responsibility under Section 8 of Republic Act 9851,” said Fernandez, who is also the chairman of the House committee on public order and safety.

Gabriela party-list Rep. Arlene Brosas added: “His statement at the Senate hearing that he ‘takes full, legal responsibility’ while refusing to be questioned on his policies is a damning testimony that strengthens the call for justice and accountability.”

“No president has the mandate to order the killing of innocent people, especially children whom Senator Bato dela Rosa once called collateral damage…The Philippines must cooperate with the ICC to give justice to the wives, mothers, sisters, and children who continue to cry out for justice and accountability,” Brosas said.

ACT Teachers party-list Rep. France Castro urged the Senate to submit the affidavit and recording of the Blue Ribbon sub-committee hearing to the ICC.

“With Duterte’s own admission of responsibility, there should be no more delays in pursuing justice. His confession about maintaining a death squad and encouraging extrajudicial killings demands full cooperation with the ICC because as it is, justice is still hard to come by in our country especially when one is dealing with the former president,” Castro said.

For his part, Fernandez renewed his challenge to Senators Rosa and Bong Go to preserve the credibility of the Senate probe by recusing themselves from the inquiry.

“I am appealing to their sense of delicadeza, since based on the numerous pieces of evidence our Quad Committee has unearthed in its comprehensive inquiry into the anti-drug campaign of the previous administration, they are the principal implementers of the brutal campaign against drugs,” he said.

“In those roles, they are directly or indirectly responsible for the tens of thousands of drug suspects and innocent people, including young children, killed in the course of the Duterte administration’s anti-drug war,” Fernandez said.

Editor’s Note: This is an updated article. Originally posted with the headline “Duterte statements under oath cannot be taken as a joke—Escudero.”