Time to face the music,De Lima tells Duterte

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Ex-president will attend Senate probe – Bato

FORMER senator Leila de Lima yesterday said it is time for former President Rodrigo “Rody” Duterte to “face the music” as he continued to stonewall invitations from the quad committee of the House of Representatives to attend its hearings on the war on drugs of the previous administration even as Sen. Ronald “Bato” dela Rosa said he would appear during the Senate blue ribbon probe.

Duterte was again a no-show at the House panel’s ninth hearing. His lawyer Martin Delgra III told lawmakers on Monday that his client is tired and is not feeling well as he has just returned to Davao City from Manila last October 17.

De Lima, who attended yesterday’s quad committee hearing as a resource person, told reporters in an interview at the sidelines of the hearing: “Well I hope, he gets well na (already) so he would have the health to face the music. So sana, kay dating Pangulong Duterte, sana gumaling na kayo. Mag-pagaling po kayo para meron kayong lakas na harapin ang lahat (So I hope, President Duterte, that you recover. Get well soon so you’ll have the strength to face everything.”

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De Lima, who was recently acquitted by the Muntinlupa court, was jailed for almost seven years after she was accused by the Duterte administration of involvement in the illegal drugs trade when she was justice secretary under the Aquino administration.

“I hope other invited personalities who are in hiding will accompany you here. I hope you can answer many of our questions,” added Duterte’s staunch critic, who, as a former chair of the Commission on Human Rights (DDS), investigated the Davao Death Squad (DDS) when Duterte was still Davao City mayor.

The joint panel’s overall chair, Surigao del Norte Rep. Robert Ace Barbers, sent and invitation to the former president last October 18.

However, in a letter to the quad committee, Delgra said that “unfortunately, despite his keen intention to attend, my client respectfully manifests that he cannot attend the public hearing on October 22, 2024.”

“Considering his advanced age and the several engagements he had to attend, he is currently not feeling well and is in need of much rest. Hence, my client respectfully requests to defer his appearance before the honorable committee,” Delgra said, adding Duterte is willing to attend the hearing after All Saints Day, November 1.

“Rest assured of my client’s willingness to appear before the House of Representatives on some other available date, preferably after November 1, 2024,” he said.

The joint panel’s chairmen have repeatedly said that it is up to the former president if he will attend the congressional inquiry or not since the House cannot require him to attend out of parliamentary courtesy extended to a chief executive like him.

Duterte is being invited to attend the House hearings to air his side on the allegations of self-confessed hitmen Leopoldo Tan Jr. and Fernando Magdadaro that he allegedly issued kill orders for three convicted Chinese drug lords inside the maximum-security facility of the Davao Prison and Penal Farm (DPPF) in 2016. They were Chu Kin Tung, Jackson Lee and Peter Wang.

Tan and Magdadaro have testified that back when they were still detained at the DPPF in 2016, police officials asked them to kill the three Chinese drug convicts who were also detained in the facility in exchange for P1 million and their freedom.

The witnesses alleged that then police Lt. Col. Royina Garma, leveraging her position in the CIDG, was instrumental in planning and overseeing the targeted killings, which were carried out under the pretense of the government’s anti-drug campaign.

Supt. Gerardo Padilla, a former warden of the DPPF, earlier told the quad committee that Garma, who was named general manager of the Philippine Charity Sweepstakes Office (PCSO) during the Duterte administration, threatened his family to ensure his cooperation in the operation to liquidate the three Chinese inmates.

Duterte will also be grilled on the claims of Garma during the panel’s last hearing about the alleged roles of the former president and Sen. Christopher “Bong” Go in overseeing the anti-drug operations.

Garma had confirmed the creation of a national task force patterned after the “Davao Model,” which supposedly provided police with financial rewards for killing drug suspects, funding for planned operations, and reimbursement for operational expenses.

Dela Rosa was the PNP chief who implemented the drug war during the early years of the Duterte administration while Go was a special assistant to the president then.

Garma has also revealed how she was purportedly instructed by Duterte to help find a police officer who could replicate the deadly “Davao Model” nationwide. She recommended police Col. Edilberto Leonardo, who later led a task force.

‘ATTEND SENATE PROBE’

Dela Rosa yesterday said Duterte has assured him that he will attend the Senate blue ribbon sub-committee hearing on his administration’s war on drugs.

“The former president told me that he is going to attend the Senate hearing regardless of who is presiding,” he said in a Viber message to the media.

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Minority leader Aquilino Pimentel III said he would invite Duterte to attend the hearing scheduled on Monday, October 28.

Pimentel had initially said he would only invite the former president once the panel hears all allegations against Duterte.

But he said that since Dela Rosa has relayed to him Duterte’s willingness to attend the hearing even if an invitation has yet to be sent to him, “eh di sabi ko ibigay natin, willing pala mag-attend kahit walang imbistasyon (I said, let’s give it to him since he is willing to attend even without an invitation).”

Senate President Francis Escudero, in a press conference, said Duterte will be given due courtesy when he attends the hearing on Monday, just like the same treatment that the Senate has accorded to past presidents who have previously attended the upper chamber’s hearings.

Escudero said the sub-committee hearing will be significant since this is the first time that Duterte will air his side on the allegations against his administration’s bloody war on drugs.

“Ito ang unang pagkakataon kung saka-sakali na siya’y mag-a-attend sa anuman uri ng pagdinig kaugnay sa kanyang mga ginawa o hindi ginawa nung siya ay Pangulo pa… Ito ang classic provision ng ating Rules of Court Procedure, ganyan din ang Saligang Batas kung saan mabibigyan ng pagkakataon ang sinumang inaakusahan na ma-kompronta yung testigo laban sa kanya. This is part and parcel of due process (This will be the first time, if ever, that the former president will attend a hearing in relation to what he did or did not do when he was still the president… This is a classic provision of our Rules of Court Procedure that is also enshrined in the Constitution – where the accused will be given the chance to confront his accusers. This is part and parcel of due process),” he added.

He said it is expected that Duterte will defend his administration’s war on drugs, as did the late President Benigno Aquino who justified his administration’s actions in the case of the 44 members of the Special Action Forces during the Mamasapano, Maguindanao incident.

When asked if Duterte can also be cited in contempt like other resource persons, Escudero said he would not like to preempt the situation, but he sees no reason why that should happen.

“Wala akong nakikitang dahilan para gawin o mangyari yan dahil ang inaasahan ko magkakaroon ng maliwanag, payapa, at komprehensibong palitan ng pananaw at pagbibigay ng impormasyon na hindi kailangan dumating sa anumang away, bangayan o init ng ulo (I see no reason why it should happen because I am expecting a clear, peaceful, and comprehensive exchange of views that would not lead to any misunderstanding),” he said.

“Hindi naman sa walang special treatment, pero inaasahan ko na bibigyan siya ng buong paggalang ng komite (Not that there is no special treatment, but I expect the sub-committee to extend due courtesy to him),” he added.

Escudero said he will not dictate upon Pimentel on how the hearing should be done.

DUTERTE CALL

Garma last night told the quad committee that Duterte called her up while in detention at the House of Representatives after her testimony during the joint panel’s last hearing.

On questioning by Rep. France Castro (PL ACT), a member of the militant Makabayan bloc, Garma said the former president did not try to stop her from testifying but allegedly only explained why he had chosen Leonardo, an Iglesia ni Cristo police officer, to implement the drug war at the national level.

“In-explain nya sakin why Iglesia Ni Cristo po ang pinahanap (He just explained to me why he looked for an Iglesia ni Cristo police officer to carry it out),” Garma said. “Your honor, ang sabi niya mapagkakatiwalaan sa pera ang Iglesia Ni Cristo (He said Iglesia ni Cristo members are trustworthy).”

Castro said that by admitting that Leonardo can be trusted with money, the former president appears to have admitted that there was indeed a reward system under his drug war.

“So ibig sabihin siya na mismo nagsabi mapagkakatiwalaan sa pera. Inductive reasoning lang Mr. chair: Ibig sabihin, mapagkakatiwalaan sa pera si Col. Leonardo dahil Col. Leonardo is INC (So that means he, himself, was the one who said that the person can be trusted with money. It’s just inductive reasoning, Mr. chair: That means, Col, Leonardo can be trusted with money),” she said.

When Castro asked if Duterte was referring to reward money, Garma said: “It can be interpreted that way, your honor.”

‘DO IT UNDER OATH’

Castro expressed apprehension and concern over Duterte’s absence at the quad committee hearing, saying he and her daughter Vice President Sara Duterte “imitate each other, they only say a lot when they are not under oath.”

“Pero kapag pinatawag na sa pormal na pagdinig nag-uugaling pusit na pareho at ang dami ng rason para huwag dumalo at sagutin ng maayos ang mga katanungan natin (But once they’re called in a formal hearing, they resort to squid tactics, giving all sorts of alibi to avoid attending and answering our questions properly),” she said.

Castro said that if former president still will not attend future hearings, he should be cited in contempt regardless of the House’s tradition of extending parliamentary courtesy to a former chief executive.

“Mr. Chair, the non-appearance of Former President Rodrigo Duterte at the quad comm hearing today is a clear manifestation of his disregard for truth, justice, and accountability. By refusing to participate, the former president is hindering the people’s right to know and denying them the opportunity to seek justice for the crimes caused by the war on drugs during his term,” she said.

Another Makabayan lawmaker, Rep. Arlene Brosas (PL, Gabriela), said: “Takot ba siya na harapin ang taumbayan (Is he afraid to face the public)?”

“Kung totoong walang tinatago si dating Pangulong Duterte, bakit hindi niya harapin ang mga tanong ng komite? Bakit kailangan pa niyang magtago sa likod ng mga dahilan tulad ng ‘health issues’ at ‘short notice’? (If it’s true thar former President Duterte is not hiding something, why can’t he face the questions of the committee? Why the need to hide behind health issues and short notice?)” she said.

SENATE RESOURCE PERSONS

Pimentel said that aside from the former president, the blue ribbon sub-committee will also send invitations to Garma, Leonardo, Padilla, self-confessed drug lord Kerwin Espinosa, police Col. Joy Espenido, De Lima, and the families of the drug war victims.

To have an orderly discussion, he said he would let the drug war victims’ families speak first, followed by Garma, Leonardo, Padilla, Espenido, Espinosa, and De Lima.

“Para orderly ang kuwento, kailangan ilatag muna ‘yung mga kritisismo o akusasyon laban sa war on drugs. Kasi kung wala namang nagrereklamo sa war on drugs, eh bakit pa may investigation, di ba? It must have been a perfect program. Eh may reklamo nga eh. So, umpishana natin doon sa reklamo (To have an orderly narrative, we first need to lay down the criticisms or accusations against the war on drugs because if there are no complaints against it, why would we conduct an investigation? It must have been a perfect program. But there are those who complained. So, we will start with the complaints),” he said.

He that Duterte would have to wait for the allegations against the war on drugs to be finished before he will be asked to give his side.

He said this will be done so the public who would be watching the proceedings would not be confused.

“Malilito ang mga susubaybay eh kasi hindi naman automatically na ‘yung records ng House ay reproduced sa records ng Senate. Pati yung records ng sub-committee ay dapat orderly ang record keeping. Hindi yung umpisa pa lang eh sagot na agad. Eh ano ba ang akusasyon? Siguro yung narrative ni Garma eh masyadong mabigat yun, after that pasasagutin na yung mga napangalanan doon (The viewing public will be confused [if we do that] because the records of the House of Representatives are not automatically reproduced in the Senate records. The sub-committee should also have an orderly record keeping. We would not like that rebuttals will be given at the start of the hearing without hearing first the accusations. Maybe we can give the former president and other persons whose names were mentioned to answer after the narrative of Garma because her accusations carry a lot of weight),” Pimentel said.

To save time, Pimentel said the resource persons would be required to already submit their affidavits to the sub-committee.

He also said the investigation will not be limited to the Duterte administration’s war on drugs, as he decided to also include the anti-illegal drugs campaign of the Marcos administration “lalo na kung may mga nagke-claim na may biktima pa (especially when there would be claims that they are also victims of the anti-drug campaign of the present administration).”

“So, actually yung sub-committee natin puwede maging takbuhan ng mga biktima or yung mga pakiramdam nila na biktima sila ng abusive Philippine war on illegal drugs (The sub-committee will serve as a haven for victims or those who feel that they are victims of the abusive Philippine war on drugs),” he said.

Pimentel said their colleagues can also ask question to Dela Rosa and Go.

“Wala naman makakapigil na may magtanong kay Sen. Go, pero hindi ko siya pupuwersahing sumagot, di ba? (No one can stop my colleagues from asking questions to Sen. Go but I will not force him to reply),” he said.

NO STOPPING ICC

De Lima said the Philippine government cannot stop the International Criminal Court (ICC) from investigating Duterte for crimes against humanity since the act is also punishable under Republic Act No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, genocide and other crimes against humanity.

“Hindi natin pwedeng pigilan ang ICC. Doon sila nakatutok roon sa may greatest responsibility (We cannot stop the ICC. They’re focusing on the one who has the greatest responsibility),” she told the quad committee.

The acts punishable under the law includes willful killing, extermination, enslavement, arbitrary deportation or forcible transfer of population, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, and torture.

De Lima particularly cited Section 17 of the RA 9851 which states that “in the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.”

“Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another state pursuant to the applicable extradition laws and treaties,” the law states.

Solicitor General Menardo Guevarra, who was justice secretary during the Duterte administration, earlier said the Philippine government “has no legal duty to cooperate” with the probe since the ICC’s Pre-Trial Chamber only granted the prosecutor’s request to conduct preliminary investigation in September 2021, more than two years since the country’s withdrawal from the ICC took effect in March 2019 or a year after it notified ICC of the withdrawal.

Albay Rep. Edcel Lagman, De Lima’s party mate in the Liberal Party, has said there is a need for Congress to verify if the ICC has jurisdiction over the country since the Duterte administration withdrew from the ICC’s Rome Statute on March 17, 2018.

Lagman has said the jurisdiction of the ICC over covered crimes committed in the Philippines took effect on November 1, 2011 after the Philippines acceded to the Rome Statute and the withdrawal became effective only a year after its filing, specifically on March 17, 2019.

Consequently, Lagman said the jurisdiction of the ICC on covered crimes committed in the Philippines spans the period from November 1, 2011 to March 16, 2019.

De Lima again cited as crucial the testimonies of Edgar Matobato and Arturo Lascañas, self-confessed former DDS members who have previously testified in the Senate against Duterte.

Lascañas is now a key witness in the ICC investigation into the drug war.

ESPENIDO RETRACTS

During the hearing, Espenido, who played a key role in Duterte’s bloody war on drugs, retracted his allegations against De Lima, corroborating the earlier testimony of Espinosa that they were pressured by Dela Rosa to implicate De Lima.

“There’s also a testimony coming from Kerwin Espinosa that you and him were instructed to talk with each other, to make sure that your testimonies against Senator De Lima are consistent. Do you confirm this, yes or no?” Batangas Rep. Gerville Luistro asked Espenido, who replied: “I confirm, your honor.”

Asked if he was retracting his allegations linking De Lima to illegal drugs, Espenido said: “Yes, ma’am.”

Espinosa has said Dela Rosa supposedly ordered him to talk to Ronnie Dayan, De Lima’s then driver-bodyguard, and Espenido for them to corroborate each other’s testimony in a Senate investigation on the illegal drugs trade in 2016.

Espenido was the one who testified about De Lima’s photo with Espinosa in Baguio in December 2016, which was included in the affidavit of Espinosa’s father, the late Albuera, Leyte mayor Rolando Espinosa, who was killed in detention after surrendering to the police for his inclusion in the Duterte’s drug list.

LEAVE OF ABSENCE

Dela Rosa took exception to a call of the Akbayan party list for him and Go to take an indefinite leave of absence from the Senate to ensure an independent investigation.

“No! I have to confront the liars because the public deserves to know the truth,” Dela Rosa said.

Escudero reminded his colleagues that the hearing is not to try Duterte and others of any crime in relation to the war on drugs, as he believes that Dela Rosa and Go should not heed calls for them to file an indefinite leave of absence.

“Ito’y imbestigasyon pa lamang ng Kongreso at ng Senado kung saan wala pa namang kasong inihahain o sinasampa kaya sa pananaw ko walang dahilan para gawin nila yan sa ngayon (This is an investigation by the House of Representatives and the Senate wherein there are no cases yet filed against anyone that’s why I don’t think they should do that for now),” Escudero said.

He said Dela Rosa and Go will also be given the chance to ask the resource persons or assert their personal knowledge in connection with the past administration’s war on drugs.

“Marahil magandang pagkakataon din yan para mabigyan sila ng pagkakataon mabigay yung kanilang panig sa issue na ito dahil nga bugso ng inter-chamber courtesy ay hindi na kinakailangan dumalo sa Kamara (This will be a good opportunity to give their side on the issues at hand because due to inter-chamber courtesy, they need not attend the hearings at the House),” he added.

Escudero acknowedged that the hearing will be political in nature amid observations that this will be purely politics.

“Politics is the art of convincing other people, according to Aristotle. So, anything we do, we’re actually engaged in politics, tumatakbo man tayo o hindi. So, pagkakataon yun sa parte ng mga senador – re-eleksyunista man o hindi – na kumbinsihin sino mang nanonood, sumusubaybay, kaugnay ng kanilang pananaw at punto de vista sa bagay na ito (Politics is the art of convincing other people, according to Aristotle. So, anything we do, we’re actually engaged in politics, whether we are seeking election or not. This will be a chance for senators – re-electionists or not — to convince the people of their opinions or points of view with regard to the issue),” he said.

He said it is up to the public to judge whether the senators accused will use the Senate to protect themselves.

JOINT HEARING

Escudero said the recommendation of the House to have a joint investigation with the Senate regarding the Duterte administration’s war on drugs “is tempting” but there are no rules in Congress that provides for that.

“It is tempting but there is no provision on our rules nor there is a provision in the rules of the House for that to be done at his point in time. And given that we are in recess, we are not in a position to amend our rules in that regard,” he said.

He said that the idea to have a joint investigation just like when both chambers convene the bicameral conference committee is not applicable in this situation.

“Yung sinasabi na mala-bicam, iba yun. Meron panukalang batas na pinag-uusapan at nire-reconcile. Dito walang panukalang batas at walang nire-reconcile. So sa ngayon, wala kaming rules na magbibigay ng kapangyarihan o ng procedure para magawa yan (What they’re saying that we do it ala bicam is not applicable because in the bicam we have a proposed measure that is being discussed or we reconcile the differing provisions of a measure. At present, we do not have rules that will give us the power to do that),” he added.

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