DOJ may subpoena Rody for crimes vs humanity

MANILA, Philippines — The Department of Justice (DOJ) may subpoena former president Rodrigo Duterte in preparation for the possible filing of cases against him in local courts, including for crimes against humanity, as recommended by the quad committee of the House of Representatives.

This was according to Justice Undersecretary Jesse Andres, who confirmed on Thursday that the DOJ’s National Prosecution Service (NPS) is set to carefully review the documents and evidence it received from the quad comm.

“We will consolidate all existing evidence, including this new committee report, as it contains vital information, disclosures and admissions that could lead to a deeper investigation,” Andres said in a chance interview.

“If the evidence warrants, we will proceed with filing cases through the National Prosecution Service. However, we assure everyone that we will not file harassment cases. But when the evidence warrants, if we have sufficient evidence, we will,” Andres emphasized.

The former president is also being investigated for crimes against humanity by the International Criminal Court (ICC) for thousands of extrajudicial killings in the conduct of his war on drugs during his administration and when he was mayor of Davao City. Most of the victims were from impoverished communities.

Also recommended for prosecution with Duterte were Senators Ronald dela Rosa, Bong Go and former national police chief Debold Sinas.

On Nov. 6, the DOJ announced its creation of a task force to investigate killings linked to Duterte’s war on drugs, to ensure “fair and equitable justice” for victims of EJKs.

When questioned about the weight of evidence against Duterte, Andres emphasized that the former president’s statements made under oath during public hearings could be used as evidence. “We will look into that possibility but as of now there are already admissions on record made by the former president and that is evidence that he is admissible because these are all under oath and in a public proceeding,” he explained.

He also clarified that the former president is not immune from prosecution. “Definitely the past presidents – and I’m not referring to anybody – all past presidents are no longer immune from suit,” he pointed out.

More cases eyed

In an interview with “Storycon” on One News yesterday, Andres said their investigation would not be limited to the charges recommended by quad comm.

“We will not spare any possible criminal offense or charge that will be supported by evidence,” Andres said.

“We will leave no stone unturned for us to get to the bottom of the truth. This government, this administration is committed to follow the rule of law. That is all that I can assure you. If it is something that is viable under the rule of law, cases will be filed and people will be held legally accountable, whoever they may be,” he added.

Andres also clarified that the subpoena being eyed for Duterte is not specific to an investigation for violation of the international humanitarian law.

“Even before the conduct of the quad comm hearings, on the part of the Department of Justice, we already established a task force on extrajudicial killings. That is part of our job,” he said in English and Filipino.

“The committee report is a good starting point for the Department of Justice, National Prosecution Service to tie up all of these evidence, together with (those gathered by our) initial task force on EJKs. This will help us build up the case so that the thousands of victims who are still crying for justice will finally have closure,” he added.

Among those he cited are the reported killings of Chinese drug lords detained at Davao Prison and Penal Farm in 2016 as well as that of Philippine Charity Sweepstakes Office board secretary Wesley Barayuga in 2020.

Andres said their investigation would be separate from the ongoing probe of the ICC, but said they will treat it “very carefully.”

“We do not want to compromise any available remedy that could possibly render justice to the people who are victims of injustice,” he said. “We are being very careful on how to do this, but we cannot be idle and not do anything about this, given the fact that people are yearning for justice.”

The subpoena, he said, is part of the process of preliminary investigation to give the respondents a chance to file their counter-affidavit.

“If they choose not to heed, it’s their right to waive their presentation of evidence and we will still continue to make an evaluation and determine whether there is sufficient basis on the evidence to file a case in court,” the DOJ official said.

Human rights groups contested the Duterte administration’s justification for killing alleged drug offenders, saying police routinely fabricated evidence by planting drugs or firearms at crime scenes.

While government data estimate around 6,000 deaths, international human rights organizations put the toll at up to 30,000.

At a Senate hearing on Oct. 28 on EJKs under the Duterte administration, the former president  admitted to maintaining a seven-member “death squad” that followed his orders to eliminate criminals during his tenure as Davao City mayor.

Meanwhile, the former president pledged P3 million of his pension for pediatric cancer patients being treated at the Southern Philippines Medical Center Cancer Institute in Davao City during his annual gift giving Thursday night.

“I am a father also, and I don’t like to see my children sick,” Duterte said in his speech.

This year, aside from the P3 million he pledged, Duterte also gifted the pediatric cancer patients with 62 e-bikes to help them with their livelihood.

The children and their families also received grocery packs and other gifts. Last year the former president gave P2 million to help in the treatment of pediatric cancer patients. — Diana Lhyd Suelto