“While I agree with Enrile that Duterte’s war needed to rid the country of a national menace, his mantra of ‘kill them all’ was illegal”
THERE is now the question of whether or not the war on illegal drugs, both brutal and bloody resulting in extrajudicial killings and the death of over 6,000 according to police estimates, as a matter of national policy, was illegal..
Unofficial estimates claim no less than 27,000 to 28,000 were killed.
Juan Ponce Enrile, the chief legal counsel to President Marcos Jr., says it was not legal as a matter of national policy. There is now the big question on whether or not former President Rodrigo Duterte can be prosecuted under our laws.
I am a lawyer and, upon reading the 1987 Constitution and knowing our Constitutional law and the Revised Penal Code, whether or not Duterte’s war on illegal drugs was legal or not brings to the fore many questions.
The International Criminal Court or the ICC claims Duterte and his cohorts committed crimes against humanity and must be prosecuted by the ICC.
This brings under our laws the question of whether or not the Department of Justice can now prosecute Duterte and his cohorts, including now Senator “Bato” dela Rosa who was then the chief of the Philippine National Police.
Should the DOJ now prosecute Duterte since he no longer enjoys immunity? Justice Secretary Crispin Remulla should do his duty to enforce the law.
Since no less than the Chief Presidential Counsel JPE had claimed Duterte’s war against illegal drugs was not legal and since Duterte had stated he assumed full responsibility for his mantra “Kill them all” – referring to those involved in illegal drugs – President Bongbong Marcos should, and as President, prosecute Duterte and his cohorts.
According to sources, the ICC may issue search warrants against Duterte and his cohorts before the May mid-term election. If not, right after the election.
The question is whether or not Duterte’s war on illegal drugs was Constitutional or not and whether or not it should be a matter of national policy, my gulay!
I have sought the opinion of lawyers who know the ramifications of criminal laws and Constitutional law, on whether the “kill them all” war of Duterte on illegal drugs should be considered national policy.
They all agree the President can issue national policy, but it should not be a national policy that will entail killing all those involved in illegal drugs.
It is the mandate of the police to apprehend people who violate the law.
But, did all of those killed in the illegal drugs war violate the law?
Duterte included in war on illegal drugs even drug users and drug addicts, which makes his mantra illegal.
Drug pushers should be apprehended. But not immediately unless they resist and they themselves try to fight back and try to kill the law enforcers.
The usual excuse of the police was that they fought back. The question is : Did all those killed in that war fight back? That is where the problem lies, Santa Banana!
From the start, killing all those involved in illegal drugs should not be a matter of national policy.
Illegal drugs are a national menace. But, it should be emphasized that in enforcing national policy, law enforcers should not resort to killing all those involved in drugs. That would be a crime against humanity.
While I agree with Enrile that Duterte’s war needed to rid the country of a national menace, his mantra of “kill them all” was illegal and since he claims full responsibility, then he must be prosecuted for “crimes against humanity.”
Since national law demands its enforcement, it is the duty of President Marcos Jr. . to enforce the law.