FORMER President Rodrigo Duterte yesterday dared the International Criminal Court (ICC) to immediately come to the country to begin its investigation into his bloody war on drugs, saying he is already old and could die soon.
“I’m asking the ICC to hurry up and if possible, they can come here and start the investigation tomorrow,” Duterte told the House quad committee upon the questioning of Rep. Arlene Brosas (PL, Gabriela). “This issue has been left hanging for so many years. Matagal, ma’am, baka mamatay na ako hindi na nila ako maimbestigahan (It’s taking too long, ma’am, I might die, and they’ll no longer be able to investigate me).”
“I hope they come so you won’t be deprived of the pleasure of seeing me being tried (by a foreign court),” the former president also said during the questioning of Rep. Raoul Manuel (PL, Kabataan), a member of the militant Makabayan bloc.
“The ICC does not scare me a bit. They can come here anytime. I suppose that you would want to maybe, make it easy for them to visit and start the investigation,” he also said.
The 79-year-old former chief executive is being investigated by the ICC for “crimes against humanity” for the deaths of over 6,200 drug suspects who were killed in anti-narcotics operations from June 2016 to November 2021.
“If I am found guilty, I will go to prison and rot there for all time,” said Duterte who is being blamed for the deaths of the drugs suspects and innocent civilians.
The Marcos Jr. administration has refused to cooperate in the ICC probe, citing the country’s withdrawal from the ICC’s Rome Statute on March 17, 2018.
Duterte also told lawmakers that if someone will sponsor his trip, he would be willing to fly to the ICC headquarters in The Hague, Netherlands to submit himself.
He however later told Batangas Rep. Gerville Luistro that he would “kick” ICC investigators if they come to the country.
Duterte made his statements before the quad committee, which proceeding with hearing yesterday despite an earlier announcement that it was resetting the hearing to November 21 because the four chairmen needed time to vet new witnesses who will be presented during the resumption of its investigation into the extrajudicial killings under Duterte’s war on drugs.
However, the joint panel eventually decided to push through with the hearing yesterday after the camp of the former president announced that he would attend the hearing and confront lawmakers about the postponement.
DUTERTE’S CALL
Executive Secretary Lucas Bersamin said the Marcos government would neither block nor object if Duterte wishes to surrender himself to the jurisdiction of the ICC.
In a statement, Bersamin also said that should the ICC bring the case against the former president to the Internal Criminal Police Organization (Interpol), local authorities would be bound to cooperate with the Interpol.
“If the former President desires to surrender himself to the jurisdiction of the ICC, the government will neither object to it nor move to block the fulfillment of his desire. But if the ICC refers the process to the Interpol, which may then transmit a red notice to the Philippine authorities, the government will feel obliged to consider the red notice as a request to be honored, in which case the domestic law enforcement agencies shall be bound to accord full cooperation to the Interpol pursuant to established protocols,” Bersamin said.
The Department of Justice echoed Bersamin’s statement, saying that the government will cooperate with Interpol of it issues a red notice against Duterte.
“The Secretary has given his explanation in previous statements. He has repeatedly said that despite the withdrawal of the Philippines from the Rome Statute, we remain a member country of the Interpol,” DOJ assistant secretary and spokesperson Jose Dominic Clavano said.
“Thus, when requests are made by the ICC through Interpol and Interpol, in turn, relays such request to our country, the Philippine government may have to give such request due course,” Clavano aid.
Based on the Interpol website, a red notice is a request to locate and provisionally arrest an individual pending extradition, surrender, or a similar legal action.
Senate President Francis Escudero said Duterte should clarify his statement, saying the people might be confused with what he said before the quad committee.
“Hindi na bahagi ang Pilipinas ng ICC nang dahil sa kanya, tapos papa-madaliin niya? Paano ngayon i-o-operationalize yan? Tanungin niyo siya (The Philippines is no longer a member of the IC because of him [Duterte] and then he wants it to hurry [with the investigations]? How can that be operationalized? It’s best for you to ask him),” Escudero said in a press conference.
He said rejoining the ICC, as what Senators Aquilino Pimentel III and Risa Hontiveros have suggested, is the sole decision of President Marcos, and the Senate’s role is to ratify it once the President comes up with decision.
Escudero, however, said there are no compelling reasons for the Philippine to rejoin the ICC for now since the country’s justice system is working.
“Hindi ako handang tanggapin na hindi nagfa-function ang justice system natin. Hindi ako handang aminin yun. Sampal naman sa Hudikatura para sabihin ng isang halal na opisyal yun (I am not ready to accept that our justice system is not functioning. I am not ready to admit it. That will be a slap on the face of the Judiciary),” he said.
‘FULL RESPONSIBILITY’
Duterte reiterated his earlier statement before the Senate blue ribbon sub-committee that he assumes “full responsibility” for the innocent children and civilians who were collateral damage in the drug war.
Duterte said he also assumes “legal and moral” responsibility for both the legal and illegal killings committed by the police under his drug war. “Hindi mo na ma-control e (You can’t control what happens on the ground),” he told Luistro during the hearing.
“That was my campaign against drugs. Alam mo, maraming istasyon, maraming pulis, ‘pag nagkaletse-letse duon, ‘di ka maghugas kamay, dapat sabhin mo, ‘Akin yan dahil nagkamali sila’ (You know, there are a lot of police stations, cops, and when something wrong happens in their operations, you shouldn’t wash your hands, you should say, ‘That’s mine because they committed a mistake).”
On the questioning of Luistro, Duterte admitted that taking legal and moral responsibility for the drug war could be construed as an “extrajudicial confession of guilt.”
“In the sense yes, I can’t do anything about it anymore,” he said. “Yes, because I ordered the campaign against illegal drugs. At kung anong ginawa nila, whether illegal or not, ako nag-utos (And whatever they did, whether illegal or not, I ordered it). In that sense, I take that responsibility for their actions.”
Duterte refused to make such admission on writing, saying the joint panel is not a trial court and that it can easily refer to the hearing’s transcript.
Duterte also said that he cannot be made legally responsible for the deaths of some drug personalities such as Albuera town mayor Rolando Espinosa Sr. inside a prison facility in 2016, and the assassination of retired police Gen. Wesley Barayuga, a former Philippine Charity Sweepstakes Office (PCSO) board secretary who was gunned down in 2020 after he was linked to illegal drugs.
“Guilt is personal (under the law),” he told Rep. Ramon Rodrigo Gutierrez (PL, 1-Rider), explaining that the criminal liability of cops who killed drug personalities cannot be transferred to him.
Duterte also again admitted to instructing police to provoke criminals into resisting arrest and fighting back “because that (killing suspects) could be justified kung lumaban (if they fight back).”
“Doon sa mga manufacturer, sinasabi ko talaga patayin niyo, basta naabutan ninyo dyan sa factory na nagluluto ng shabu (I said just kill the drug manufacturers, as long as you catch them cooking shabu),” he said. “Yan ang utos ko (That’s my order) and I assume full responsibility.”
He challenged his detractors “who makes accusations, whether true or not” to file formal complaints in courts, saying his admissions in the House hearings, while made under oath, still have to be brought before a court.
“Because may korte tayo (we have trial courts) and even if I admit na totooo ‘yan (that it’s true) you have to bring it to court because I’ll (have to) make the admissions there,” he said.
REWARDS SYSTEM
Duterte, a long time Davao City mayor, also admitted personally giving rewards to policemen after successful operations against drugs suspects and other criminals, saying it is also being done by other local chief executives.
“Reward? Correct. Very correct. Talagang totoo. At minsan bigyan ko pa dagdag (It’s really true and sometimes I even give them additional money),” he told Manuel. “It’s for the boys.”
Duterte said the financial support to police officers involved in the drug war was needed for missions that lacked or have no formal budget allocations.
“If there is an operation which is not funded by the police, you have to provide,” Duterte said, adding that he gave allocations for expenses like gasoline and food, which sometimes amount to P20,000 per operation.
Congressmen have been wanting Duterte to confront former Philippine Charity Sweepstakes Office (PCSO) general manager Royina Garma, a former police lieutenant colonel, who testified about the drug war reward system, claiming that cash incentives were provided to personnel who eliminated suspected drug offenders.
Garma, who is reportedly on her way back to the country after being caught in the United States because of a cancelled visa, has also previously accused Duterte of spearheading in May 2016 the nationwide expansion of the alleged “Davao model,” which encouraged the killing of drug suspects in exchange for cash.
She revealed that Duterte instructed former National Police Commission Commissioner Edilberto Leonardo to implement this model nationwide to incentivize police in targeting drug suspects.
Leonardo has corroborated Garma’s statements, while Lt. Col. Jovie Espenido —widely regarded as the previous administration’s “poster boy” for the war on drugs —first disclosed the reward system to the quad committee, detailing that funds came from jueteng, Philippine Offshore Gaming Operators (POGOs), intelligence funds and the PCSO’s small-town lottery.
Espenido has said the money allegedly “flowed from the level of Bong Go,” referring to Duterte’s long-time aide, now Sen. Christopher “Bong” Go, whose aide Irmina Espino, otherwise known as “Muking,” is said to have played a huge role in the reward system for cops.
‘I KILLED PEOPLE’
Duterte also admitted having personally killed six or seven “criminals” during his time as Davao City mayor.
“Ako? Marami. Mga six or seven. Hindi ko na-follow up sa hospital kung natuluyan,” Duterte told the joint panel on the questioning of Rep. Arlene Brosas (PL, Gabriela).
Duterte, who later told Gutierrez that the number of people he killed was around “three or four,” again narrated his previous story of riding his motorcycle to patrol the streets of Davao City during his time as mayor, to “look for trouble.”
“Nagdasal po ako na magmo-motor ako na may mga holdupper diyan. At kung (mahuli) kita, talagang patayin kita. Wala akong pasensya sa kriminal (I was praying that I encounter robbers while I’m riding. And once I catch you, I’ll really kill you. I have no patience for criminals),” he said.
Brosas pressed Duterte on his accountability for EJKs tied to his anti-drug campaign, challenging him to publicly acknowledge responsibility in front of the families of victims, some of whom attended the hearing.
“I and I alone take full legal responsibility sa lahat na nagawa ng mga pulis pursuant to my order. Ako ang managot. At ako ang makulong, huwag ‘yung pulis na sumunod sa order ko (I’ll answer to it, and I’ll be the only one who will be jailed, not the police who followed my order),” he told Brosas.
Brosas then asked if Duterte can look the families of EJK victims “in the eyes and say once more that he takes full legal responsibility for the deaths of their loved ones,” to which the former president said, “I had to issue or make a policy statement about drugs. At all that happened, ‘yung nangyari (what happened) pursuant to my order to stop the drug problem in this country, akin ‘yun (that’s mine). Akin na akin ‘yun (That’s mine and mine alone). Ako ang nagbigay ng order kasi ginawa nila illegal or legal, akin ‘yun (I gave the orders and whether they did it illegally or legally, that’s mine). At ito (And this), I take full responsibility for it.”
Barbers had to suspend the hearing when the exchanges heated up, especially after Brosas pressed Duterte to answer “yes or no” on whether his so-called Davao model was the basis for the national anti-drug campaign as claimed by Garma.
“Do not ask me to answer yes or no. You are not an investigator. Yes, but you are not an investigator. Why are you asking me to answer yes or no?” said the former president.
The former president also admitted having planted evidence on suspected criminals when he was mayor after Sta. Rosa Rep. Dan Fernandez, a co-chair of the joint panel, showed him an old video of the former president making such an admission.
“Hindi po totoo ‘yung nasa video (Was what you said in the video not true)?” Fernandez asked after the quad committee played a video of a 2016 interview of the former president who said, “Totoo yan (It’s true)” upon seeing the video.
Duterte, who initially said planting evidence on suspects is “garbage,” later said it was part of his “strategy as a mayor and as the leader of a law enforcement agency in the city.”
P1 MILLION FOR EJK COPS
Duterte vowed to raise P1 million for the legal defense of police officers, saying he was unaware of the number of police officers who were dismissed or charged while enforcing his drug war.
“I will start a fund (drive) sa protection ng mga pulis (for the protection of the police). I am putting up P1 million. Maghahanap ako. Meron akong P1 million (I’ll look for funds. I have P1 million),” he said.
Duterte was reacting to Fernandez who relayed the sentiments of PNP chief Gen. Rommel Francisco Marbil that there is no official record that Duterte’s commitment to support cops was realized.
The offer of financial assistance came as a surprise to Fernandez since Duterte earlier claimed that he could not even afford airfare to attend the hearing.
Fernandez also told the former president that 195 police officers were dismissed. “Nasira po ang kanilang buhay, nawalan po sila ng trabaho (Their lives were destroyed, and they lost their jobs). They were humiliated, their dignity was lost,” he said.
Duterte, who have repeatedly vowed to take care of the police, claimed he was unaware of the dismissals, saying, “I don’t have the record.”
“If you’re citing the records, then I would admit it totoo ‘yan (that it’s true). Walang problema, sinabi mo e (No problem, you said it),” Duterte said. – With Jocelyn Montemayor, Ashzel Hachero and Raymond Africa
