‘I take full, legal, moral responsibility for cops’ shortcomings’
“I DID what I had to do. Whether you believe it or not, I did it for my country.”
This was part of the opening statement of former President Rodrigo Duterte when he appeared as a resource person before the Senate blue ribbon sub-committee investigating his administration’s drug war and allegations of extrajudicial killings committee by policemen in pursuit of the campaign.
“My mandate as president of the Republic was to protect my country and the Filipino people. Do not question my policies because I offer no apologies and no excuses. I did what I had to do. Whether you believe it or not, I did it for my country,” the former president said as he justified his government’s violent campaign against illegal drugs.
He told senators that his administration’s war on drug was “not about killing people” but rather, it was supposedly aimed at “protecting the innocent and the defenseless” by “eradicating illegal substances which ruin the peoples’ lives.”
He acknowledged that the campaign was not perfect, saying that some law enforcers went overboard in enforcing the policy.
However, he said police officers should not be held accountable for their over-zealous implementation of the drug war, saying that he takes “full responsibility” for their acts.
“For all the successes and shortcomings, I and I alone take full, legal and moral responsibility. Sa lahat ng mga nagawa ng pulis pursuant to my order, ako ang mananagot at ako ang makukulong, huwag ‘yung pulis na sumunod sa order ko (For all the successes and shortcomings [of the drug war], I and I alone take full, legal and moral responsibility. Whatever the police may have done pursuant to my order, I am responsible, I will go to jail. Spare the policemen who just followed orders),” Duterte said, as he likewise admitted that he encouraged policemen to provoke drug suspects to put up violent resistance during operations so that they would have a reason to kill them.
“I am addressing the entire country: Baka hindi niyo nagustuhan but ‘yun ang style ko. Sinabi ko nga, I tried to do the best I could, eh kung nagkulang ako, pasensiya na. It was a call of duty of the president, ako yun. Kasi ako ‘yung presidente sa panahon ko at hindi ako nagkulang (I am addressing the entire country: You might not like it but that was my style. I tried to do my best but if you found it lacking, I apologize. It was a call of duty of the president, which is me, because I am the president that time and I have not been remiss),” he also said.
Duterte clarified that while he was taking full responsibility for the drug war killings, the killing of drug suspects was not state sponsored.
“There was never an official order to the police and military and to the agents of government to kill… The police must overcome the resistance para madala mo ‘yung criminal doon sa istasyon at ma-book mo para makulong (The police must overcome the resistance so they can bring the criminals to the police station and book them),” he said.
Duterte said he does not regret implementing an intensified against illegal drugs as he did it to “protect my country and the Filipino people” from the evils of illegal drugs.
“I have warned all of you. As your president then, and as a private citizen now, drugs will destroy the Filipino (people) and it will destroy my country. That I will never allow. This is a matter of principle, and I stand by it,” he added.
He also said that he had always looked at people addicted to illegal drugs as “victims and patients requiring medical help, not as criminals,” and went on to say that he had even ordered the construction of drug rehabilitation centers in Davao City to help in the recovery efforts of drug addicts.
He also said that the slogan “War on Drugs” came into being to encourage the people of Davao City to stay away from illegal drugs.
DEATH SQUAD
Duterte owned up to having a “death squad” which he said was composed of “gangsters” whom he tapped to carry out hits on criminals in Davao City.
He quickly clarified that none of the hitmen were cops.
“I can make a confession now if you want. Una, talagang niyayari ko. Pero huwag mo naman mga pulis kawawa. Meron akong death squad, pero hindi yun mga pulis. Sila yung mga gangster, inuutusan ko patayin mo yan. Kaya kung hind imo patayin yan, patayin kita ngayon (I can make a confession now if you want. First, I really have them [criminals] killed. But let us not involve policemen here. I have a death squad but it is not the police. They are the gangsters who I order to kill certain people. And if they do not do it, I will have to kill them),” Duterte said.
Former senator Leila de Lima told senators she investigated the activities of the Davao Death Squad when she was the head of the Commission on Human Rights and was planning to pursue the probe at the Senate when she became a senator in 2016 before she was charged and detained at the PNP Custodial Center.
Duterte said his death squad is composed of at least seven individuals.
Senate deputy minority leader Risa Hontiveros said Duterte’s disclosure was a “bombshell” which is part of the agenda of the Senate probe.
“Sinabi niya na may death squad siya. Yun yung iniimbestigahan nga natin dito, Mr. Chair. Yung war on drugs, yung extrajudicial killings na nangyari nung war on drugs, sinimulang modelo sa Davao noon, tapos iniimbestiga natin kung yun ang ginamit na template o modelo para i-scale up nationwide (He [Duterte] said he has a death squad. That’s exactly what we are investigating here. Mr. Chair – the war on drugs, the extrajudicial killings which happened during the war on drugs which started from the Davao model which was used as a template or model to scale it up nationwide),” Hontiveros said.
Hontiveros pressed Duterte to provide more details of his death squad, or if its members received rewards for each positive hit they make.
“So, kung civilian yun, yung sinasabi niyo na death squad niyo, na pitong tao, may rewards po ba yung pitong tao kapag nakapatay sila? (If the death squad you’re are saying is composed of civilians, those seven men, are they rewarded if they killed someone)?” Hontiveros asked.
Duterte said there was no reward given to them.
“Ay, hindi ma’am. Mayayaman yun. Maraming gago na mayayaman sa Davao na gustong pumatay ng mga criminal. Ibig sabihin, they want their city to be safe (No ma’am. They are rich people. There are many rich people in Davao who want to kill criminals. That means, they want their city to be safe),” he said.
Hontiveros then asked if the rich were the ones giving reward money to the death squad, to which Duterte replied: “Because they want business to thrive.”
Duterte said he cannot recall the names of his seven hitmen since he organized then when he was mayor at the age of 43, adding that they were all probably dead by now.
“I am now 73, for the life of me, I cannot remember their names,” he said.
CRIMINAL LAW
Duterte said that when he ordered law enforcers to implement an intensified campaign against illegal drugs, he reminded them to always consider their safety.
“But when your very life is placed at risk and can be snuffled out in a matter of seconds, then and only then must you act accordingly. Repel the aggression only in self-defense. Do not make orphans of your children and widows of your wives. I don’t want that in my conscience,” he said.
He recalled that when he taught criminal law in the police academy, he told his students that criminals should not be treated with kid gloves when being arrested.
“When you are arresting a criminal, you are not to supposed to request him to surrender. Rather, you have to overcome the resistance. However, kapag ayaw (if there is resistance), it’s the duty of the police to overcome the resistance kung ayaw mag-surrender (if they don’t want to surrender). Kung may baril, at tingin mo mamamatay ka, barilin mo sa ulo, patayin mo. At least one less criminal (If he has a gun, and you feel that your life is threatened, you think that you will be killed, shoot him in the head, kill him. At least [that’s] one less criminal),” he said.
FULL RESPONSIBILITY
At the latter part of the hearing, Hontiveros asked Duterte if he will take full responsibility for the deaths of innocent civilians killed during the war on drugs.
Duterte replied that his earlier statements were referring to his policy on the war on drugs and not on specific killings and stressed that “guilt is personal.”
“I was talking about the policy. I am taking full responsibility on the war on drugs, ‘yun ang sinabi ko, pero kung magpasok ka ng specific crime, hindi puede ‘yan. At saka, kung sabihin ko I will take full responsibility, magdating tayo sa korte, hindi naman tanggapin ‘yan (I was talking about the policy. I am taking full responsibility for the war on drugs, that’s what I said. But if you will talk about a specific crime, that cannot be. And when I said I will take full responsibility, that will not be admissible in court if ever we reach it),” the ex-president said.
Hontiveros asked Duterte not to raise his voice, to which he replied: “You’re trying to pin me down…You have to pin me down lower. Do no pin me down on semantics.”
Hontiveros said she was just basing her questions on the speeches made by Duterte in October 2020 and another on October 2021 “about assuming responsibility for the war on drugs.”
Senate minority leader Aquilino Pimentel III, chairman of the sub-committee, cut short their heated exchange and suspended the hearing.
At the resumption of the hearing, Hontiveros asked Duterte about statements that he made during his presidency that he would rather see drug users and pushers be killed than have them jailed.
Duterte said he would not spend government money for the imprisonment of people involved in illegal drugs, and said he does not care if criminals go to hell .
In the process, he admitted killing a Davao City cop who he said got involved in kidnapping but cannot recall the name and when it happened.
Former senator Leila de Lima, one of the most vocal critics of the former president, said Duterte should be held responsible for the drug war killings.
She promised to submit in the next committee hearing a detailed report linking the drug war, extrajudicial killings and the activities of the Davao Death Squad.
FILE CASES
Hontiveros said the numerous admissions of Duterte during the public hearing should be reason enough for the Department of Justice to file charges against him.
Duterte said that if the accusations were true, concerned agencies should just file cases against him. “Nagtataka nga ako kung bakit hindi pa nagpa-file ng kasi eh matagal na akong pumapatay ng tao. Hindi pa ako kinakasuhan (I am wondering why cases have not been filed against me since I have been killing people for some time now. No cases have been filed against me),” he said.
Duterte also denied that there was a reward system for cops even if he has stated in past speeches that he offered certain amounts of money if they killed drug suspects, terrorists, or other criminals.
The allegation was made by former Philippine Charity Sweepstakes Office general manager Royima Garma and corroborated by resigned National Police Commission commissioner Edilberto Leonardo. Both Garma and Leonardo were absent during yesterday’s hearing.
Duterte said it is the job of policemen and other law enforcement agencies to operate against criminals.
“Bakit ako magbayad eh trabaho naman nila ‘yan. Kung may pera eh di ibulsa ko na lang yan (Why would I give them reward money when it is their job to run after criminals. If there is money, I’d rather put them to other good use),” he said.
He said the reward money were just rumors, saying he would have cursed any cop who would have asked reward money from him. “Istorya lang yan. Kung pulis ka, may pinatay ka tapos sabihin mo saan ang reward, murahin pa kita @#$% ka. Trabaho mo ‘yang magpatay ng magpatay kaya ka nga binigyan ng baril. Pero ang sabi ko patayin niyo ang criminal, huwag ang inosente (Those are just stories. If you are a cop and you happened to kill someone and ask me where is your reward, I will curse you. Your job is to kill and kill that’s why you were given guns. But I said kill criminals, not innocent people),” he added.
Duterte later apologized for raising his voice at some point of the hearing, saying he was just “excited” since it was his first time to attend a Senate hearing.
He said it was nothing personal as it is his character to raise his voice when stressing a point.
GRIJALDO
Police Col. Hector Grijaldo, of the PNP Drug Enforcement Group, told senators that House quad committee co-chairman Rep. Dan Fernandez allegedly told him to confirm the drug war reward system during a private meeting before a hearing of the joint panel.
He said that during the October 22 House hearing, he was called by Fernandez to a side meeting and was presented a supplemental statement of Garma. Manila Rep. Bienvenido Abante was also supposedly present during the meeting.
Grijaldo said Fernandez placed the document on the table and told him to state that he confirms the drug war reward system.
“Ito ang supplemental affidavit ni Col. Garma, sabihin mong alam mo ang reward system. I-confirm mo lang (This is the supplemental affidavit of Col. Garma. Just confirm that you know about the reward system),” Grijaldo said.
Upon hearing the testimony of Grijaldo, Duterte said Fernandez can be charged with inducing someone to commit perjury that is punishable under the Revised Penal Code.
Duterte said asked for a copy of Grijaldo’s statement and said he would use it as a basis to file a complaint against Fernandez.
Reacting, Fernandez said: “Lies. True, ipinatawag siya (he was summoned) because the lawyer of Col. Garma told us na may alam siya sa reward system (that he knows something about the reward system) (but) we never asked him to sign any affidavit. We asked him if he has any knowledge about what Col. Garma talked about.”
“Col. Garma said to us that Col. Grijaldo can confirm the truthfulness of her affidavit, and she sent her two lawyers to witness the conversation. We never asked him to sign any affidavit. That’s a lie,” he said.
On Duterte’s plan to file a complaint against him for allegedly inciting a witness to commit perjury, Fernandez said: “Carry on. Nothing will prevent us from pursuing the truth behind all the killings.”
“This is their way to discredit the quad comm but the truth will bail us out,” he added.
Abante also slammed Grijaldo, saying “there is no truth to the accusations that I forced anyone to sign any affidavit in exchange for favors or the possibility of promotions.”
“At the outset, I was hopeful that the Senate hearing on the previous administration’s war on drugs would contribute to efforts to obtain justice for the innocent men, women, and children’s slain in the conduct of this anti-drug campaign. However, it is clear from the conduct of the Senate hearing that a conflict of interest exists and compromises the Senate’s ability to hold fair and impartial proceedings. Senators can either be subjects of the hearing or can be involved in conducting it – they cannot be both. In the end, we believe the truth will come out, and those responsible will ultimately be held accountable for these heinous crimes against our people,” he said.
After more than eight hours, Pimentel, on the request of some senators, excused Duterte from further attending the inquiry as he looked already tired, but the former President refused, saying he wants to stay on since there will be many questions left unanswered once he leaves.
Duterte said the Senate hearing is a good venue to air his side on the accusations against his administration’s war on drugs. He said it will cost him extra money just for him to travel from Davao City to Manila and back should he be invited again for another hearing.
But after a few minutes, Duterte was finally convinced to be excused.
The sub-committee ordered the issuance of subpoenas to Garma, Leonardo, former Bureau of Customs intelligence officer Jimmy Guban, and other resource persons who were given invitations but failed to appear yesterday.
Sen. Ronald dela Rosa said the absence of Garma, Leonardo, and Guban – who all testified before the House quad committee – was offensive.
“We have to require their presence here. I can only surmise that they don’t want their statements given before the House of Representatives to be debunked before this body…Ayaw nila lumabas ang katotohanan kapag ayaw nilang pumunta dito (They do not want the truth to come out if they refuse to go here),” Dela Rosa said.
On the request of Sen. Jinggoy Estrada, Pimentel issue subpoenas ad testificandum to Garma, Leonardo, and Guban, among others.
“I am issuing a subpoena to all who did not appear today, to all those in the original list na hindi pumunta ngayon even those with excuse letters, i-subpoena (I am issuing a subpoena to all who did not appear today, to all those in the original list who did not come today, even those with excuse letters),” Pimentel said.
Based on an excuse letter sent by Garma to the Senate, Pimentel said she is on a medical furlough, which had been approved by the House quad committee. Garma is detained at the House after she was cited in contempt by the joint panel.
Leonardo was supposedly infected with COVID-19, while Guban was sent an invitation which he reportedly only received Monday morning. Guban is also detained at the House.
The committee secretary said they have an invitation letter for Kerwin Espinosa but cannot locate his address. – With Wendell Vigilia
