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Duterte to attend first Senate hearing
By Nidz Godino
“The former president told me that he is going to attend Senate hearing regardless of who is presiding,” Sen. Ronald dela Rosa told reporters in Viber message after begging off from quad committee hearing at House of Representatives on extrajudicial killings during his administration, former president Rodrigo Duterte has committed to attend first Senate hearing on the same issue on Monday.
This was according to Sen. Ronald dela Rosa, who said Duterte had told him of his readiness to attend hearing next week.
Senate Blue Ribbon committee will lead investigation on EJKs.
“This is the first time he will attend hearing related to what he did or did not do when he was president,my hope is that there will be clear, peaceful and comprehensive exchange of views and providing information that will not lead to any kind of fight, confrontation and hot temper,” Senate President Francis Escudero said at press conference.
Escudero noted that there will be no special treatment to be extended to Duterte. “It’s not that there is no special treatment, but I expect t committee will give him full respect, not only as Filipino, not just as person, but because he was former president of our country,” the Senate President said.
Senate Minority Aquilino Pimentel III, spearheading Senate probe, said other invited resource persons for Oct. 28 hearing are retired police colonel Royina Garma, former National Police Commission head Edilberto Leonardo, former senator Leila de Lima, alleged drug personalities Kerwin Espinosa and families of victims of war on drugs.
“He said he was willing to attend. ..so I said, since he willing to attend… I’ll invite him…but I’ll still start with Garma…should be stated first what the issue is,” Pimentel said in a phone patch interview with Senate reporters.
Pimentel said they are still finalizing list of resource persons to be invited for Monday’s hearing.
“Victim families are OK to be present, and Garma is OK too…but either way, what I want to say first is, what happened in the Philippines’ declared war against illegal drugs?” Pimentel stressed.
Pimentel said Dela Rosa and Sen. Bong Go can use hearing as opportunity to ask questions to resource persons or air their side.
“Dela Rosa and Go will be given time…all senators, we will give time for our hearing to be orderly…limited time, they could use that time to ask. ..they could also use that to read their statement,” Pimentel added.
Pimentel expects hearing on Monday to last six to seven hours, and there is really time for former president Rodrigo Duterte to explain in case his name is mentioned.
De Lima was wishing Duterte gets well soon so he would be able to face investigation of House quad comm.
“I hope, he gets well na so he would have health to face music. So to former president Duterte, I hope you get well soon so you will have strength to face everything,” she told reporters on sidelines of quad comm hearing
She said the former president could be held liable for crimes against humanity under 15-year-old Philippine law.
At recent quad comm hearing, ninth, De Lima cited Republic Act (RA) 9851 of 2009 defines and punishes crimes against international humanitarian law, genocide and other crimes against humanity.
She argued RA 9851, enacted two years before Philippines became signatory to Rome Statute of International Criminal Court (ICC), covers systematic killings under Duterte’s drug war.
“Crime of EJKs carried out by state security forces and their agents in implementation of war on drugs falls under general category of ‘other crimes against humanity’ under Section 6, consists of acts ‘committed as part of widespread or systematic attack directed against any civilian population, with knowledge of the attack,’” De Lima said, quoting the law.
“These acts include willful killing, extermination, torture and enforced disappearance, among others,” she pointed out.
De Lima emphasized under RA 9851, those crimes are non-bailable and could be punished by life imprisonment.
She added that law holds not just direct perpetrators responsible, but also those leadership positions who order or induce such crimes. “According to Section 8, person who orders, solicits or merely induces systematic attack on civilian population and which thereafter occurs or is attempted is liable as principal, same applies to anyone who contributes to commission of the crime by group of persons acting with common purpose,” De Lima explained.
De Lima further pointed out that RA 9851 does not exempt government officials, including heads of state, from criminal responsibility.
“Section 9 provides that ‘official capacity as head of state or government shall in no case exempt person from criminal responsibility under this Act, nor shall it, in and of itself, constitute ground for reduction of sentence,’” De Lima said.
The former senator stressed crimes under RA 9851 are not subject to prescription, meaning those responsible can be prosecuted at any time.
“Crimes defined and penalized under this Act, their prosecution and execution of sentences imposed on their account, shall not be subject to any prescription, they can be hunted for life,” she said,
De Lima also noted that Philippines recognized authority of international courts like ICC to prosecute crimes against humanity even before joining Rome Statute in 2011.
“Through this law, we have recognized jurisdiction of ICC over crimes against humanity committed in the Philippines even before we ratified Rome Statute as binding treaty,” De Lima said.
Garma admitted before quad committee last night that Duterte called her up once through her cellphone last week, but didn’t stop her from giving her testimony.
Garma was initially reluctant to answer query of ACT Teachers party-list Rep. France Castro, with whom she hugged when they bumped into each other in comfort room, since Garma has been detained at Batasang Pambansa Complex.
“Tumawag po…he just explained na mapagkakatiwalaan ang Iglesia …sabi niya mapagkakatiwalaan sila sa pera,” she said, referring to Iglesia member Edilberto Leonardo whom Garma tagged as the one who handled alleged cash reward system for drug kills.
Asked if Duterte meant Leonardo could be trusted with money matters, Garma replied, “It can be interpreted that way, maybe, your honor.”
“Hindi niya ako pinigilan,..actually, nag-sorry po ako…yes, I said sorry.” Garma said, referring to Duterte. “”
Garma also admitted last night to Castro that it was her daughter, special child who is now with her at Batasan Complex, who advised her to spill beans on alleged extrajudicial killings in previous administration.
ISKUP! 