The talk of the town last week was the Oct. 11 revelation of retired police colonel and former Philippine Charity Sweepstakes Office (PCSO) general manager Royina Garma during the 8th hearing of the House of Representatives quad committee (quad comm).
The most controversial part of Garma’s affidavit and testimony is her disclosure of the replication of a “Davao City model” of the drug war on a national scale, involving the implementation of an alleged cash reward system for police officers who carried out the killings of drug personalities.
Reactions are immediate and, of course, poles apart, depending on where one sits on the political fence.
Quad comm co-chairmen Manila 6th District Rep. Bienvenido Abante Jr., Surigao del Norte 2nd District Rep. Robert Ace Barbers, Sta. Rosa City Lone District Rep. Dan Fernandez and Abang Lingkod Partylist Rep. Joseph Paduano believe the testimonial evidence of PCSO GM Garma is “strong.” Rambles 1st District Rep. Jefferson Khonghun, on the other hand, said “this testimony definitely carries with it much credibility” while La Union 1st District Rep. Paolo Ortega V noted that Garma’s testimony is “explosive.”
Senator Bong Go denied Garma’s allegation, saying “no reward system implemented in exchange for the life of others.” Senator Ronald “Bato” dela Rosa, meanwhile, said he had “no idea about that reward system” and that “the only reward system in the PNP is the DILG-approved list of the most wanted persons.”
Former president Rodrigo Duterte expressed willingness to attend both Senate and House hearings.
As a lawyer and officer of the court, here is my take on the issue.
First, we have to point out that the right to life is non-derogable, whether in times of peace or in times of war. This right cannot be denied to anyone, regardless of the circumstances. The right to life means it is the highest of all societal values, so that it cannot be easily dispensed with.
This has been my longstanding belief, which was put into action during my stint as a party-list representative in the 17th Congress where I voted no to House Bill No. 4727, which seeks to reimpose capital punishment on drug dealers and authorities who will be found guilty of planting illegal drugs as evidence.
Second, we have to recognize the obligation of the State to investigate, prosecute and punish. This is encapsulated in the five pillars of the criminal justice system, which are law enforcement, prosecution, judiciary, penology and the community.
Law enforcement consists of officers of the Philippine National Police, the National Bureau of Investigation and other law enforcement agencies who investigate the crime, which includes collecting evidence, apprehend a suspect through a warrant of arrest and build cases against the accused.
Prosecution, which is under the National Prosecution Service of the Department of Justice, reviews the evidence gathered by law enforcement agencies, conducts preliminary investigation and files its findings in court.
Judiciary, or the courts, are the ones which try the cases and render judgment.
Penology refers to the jails and prisons administered by the Bureau of Corrections, the Bureau of Jail Management and Penology and by the local government units in the case of city and provincial jails.
Finally, of course, the community. We have to over-emphasize the importance of this pillar not only in crime prevention but also in solving a crime. Members of the community must cooperate with law enforcement agencies by reporting the crime and giving evidence during the investigation.
Third, we have to underscore the rule on evidence. While I find Garma’s affidavit and testimony “explosive” in terms of news prominence, these have not proven anything.
The former PCSO GM has not been subject to cross-examination. Further, former president Duterte and other high government officials that Ms. Garma mentioned were not given the opportunity to question or counter the latter’s testimony. This, according to the Rules on Evidence, is simply hearsay.
Fourth, we have to decry the weaponization of august institutions, such as Congress, in aid of prosecution to destroy political rivals. The eight hearings of the quad comm have produced no new legislation. Let us take, for instance, House Bill No. 10986, which seeks to classify extrajudicial killings (EJKs) as heinous crime. There is no need for new legislation, for EJKs are classified as murder, which is a capital offense.
Speaking of EJKs, the politicization of the quad comm hearings which cover EJKs trivializes the basic human right of the right to life. Consider this: how can members of the quad comm give justice to the families of the so-called EJK victims if their intent is driven by politics or their action in aid of election?
Quad comm is not there to investigate, prosecute or punish. It is obviously being used as a political witch hunt intended to harass and silence political enemies and critics of the Marcos Jr. administration. Their probe has likewise become one big fishing expedition to fabricate evidence so quad comm can stick to the plan, as Vice President Sara wittingly puts it.
Sadly, the prevailing climate of destructive politics is happening at the time when the Filipino families are experiencing hunger at historic high, 22.9 percent, according to the Social Weather Stations (SWS) Third Quarter 2024 Survey. This is in sharp contrast to the self-rated hunger situation during Duterte administration which fell steadily in 2016 to 2019 before the onslaught of the COVID-19 pandemic in 2020.
SWS adds that Mindanao registered the highest hunger rate at 30.7 percent, followed by the Visayas at 26 percent, Metro Manila at 21.7 percent and Balance Luzon at 18.1 percent.
The latest SWS self-rated hunger survey is incontrovertible proof that giving ayuda, the centerpiece program of the Marcos Jr. administration, which is more than P500 billion allocated in 2004 and accounts nine percent of our national budget, is not working to alleviate poverty and hunger.