The Department of Justice (DOJ) should file criminal charges against former President Rodrigo Duterte following his remarks during Monday’s Senate hearing, leaders of the House Quad Committee (QuadComm) said Tuesday.
Manila Representative Benny Abante and Laguna Representative Dan Fernandez made the call after Duterte appeared before a Senate blue ribbon subcommittee hearing where he said he ordered police officials to encourage suspects to fight so they could justify killing them.
Duterte also admitted during the nearly eight-hour hearing that he used to have a “death squad” composed of gangsters, and took full responsibility for his administration brutal drug war that is blamed for the deaths of thousands, including minors.
“When a leader knowingly permits the slaughter of civilians under his watch, and when he admits that he bears responsibility, it is an inescapable truth: he is criminally liable,” Abante, who chairs the House Committee on Human Rights, said in a press conference.
Abante said Duterte’s admission meets all the elements of command responsibility for crimes against humanity under Republic Act (RA) 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.
“This is not a case of semantics or vague responsibility – this is a direct admission from the former President himself. By publicly taking full responsibility for the thousands of extrajudicial killings that plagued our nation during his term, Duterte has admitted to a level of command responsibility that the law considers criminal,” the Manila lawmaker said.
Abante specifically cited Section 10 of RA 9851, which establishes the principle of command responsibility and holds superiors liable for crimes committed by their subordinates if they had knowledge of the crimes and failed to take necessary actions to prevent or repress them.
“We have taken one step closer to holding Duterte accountable, but this is not the end. I urge our justice system to respond swiftly, to file charges, to conduct investigations, and to ensure that justice is served,” Abante said.
Fernandez agreed, saying the former President’s statements made before the Senate were under oath and as such should be taken seriously.
“Kitang-kita naman. The [former President] likes to joke around that sometimes, we don’t know what’s the truth. This time, he must he held responsible for what he said. And accordingly, under RA 9851, he has command responsibility during his incumbency,” Fernandez said.
“This RA 9851 should be used by the Department of Justice [in prosecuting Duterte],” he added.
Abante said Duterte’s admissions should also be used by the International Criminal Court (ICC) in its ongoing investigation on drug war deaths during his administration.
Based on police records, individuals killed during the police’s anti-drug operations under the Duterte administration reached around 6,000, but human rights groups contend that the deaths could be as many as 30,000, including vigilante killings.
Also on Monday in the Senate, Duterte said he is wondering why the Justice Department has yet to file charges against him despite his admissions on killing. —KBK, GMA Integrated News
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