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Contempt rap vs Duterte for foul words
By Nidz Godino
“How very rude,” Sen. Risa Hontiveros said of former president Rodrigo Duterte’s demeanor during hearing, wherein the former president spewed out expletives and pointed his fingers at senators who questioned his alleged policy of exterminating drug suspects.
If the former president again uses foul language during next Senate hearing on his bloody crackdown on drugs, Hontiveros will not hesitate to cite him in contempt.
“He is visitor to our house, Senate, but visitor should not throw garbage there… our rules state that there should be observance of parliamentary behavior or decorum… Duterte’s rudeness and shamelessness are the worst I’ve seen from resource person,” Hontiveros claimed.
Asked if Senate would hold Duterte in contempt if he uses foul language again at his next attendance, Hontiveros said: “If push comes to shove, that is always among broad powers of the committee cite resource person for unruly behavior.”
Being cited in contempt could mean getting detained.
“In our investigation on extrajudicial killings in his war on drugs, no one not even former president is above the law,” Hontiveros said.
But there is chance Duterte may no longer be invited to next scheduled hearing, because his admission under oath of having organized Davao death squad (DDS) composed of gangsters and rich people may be more than enough for the committee, according to Senate Minority Leader Aquilino Pimentel III, presided over last Monday’s hearing by sub-committee of Blue Ribbon committee.
“As of the moment, I see no need…if some other senators see the need, then if they manifest it, I will entertain the idea…but as of the moment, no one has, we have lot of material to work with…let material stay…let criminal law experts study very well material with the committee,” Pimentel said.
Nine-hour hearing on Monday was marred by Duterte’s profanities, often greeted with applause by his supporters in the gallery.
This irked Pimentel who warned them they would be asked to leave if they persisted in their rowdy behavior.
Duterte, Hontiveros said, tried to “hijack” Senate investigation with his expletive-laden defense of his crackdown and rambling about how he managed to stamp out crime in Davao City through violence.
“Like how he hypnotized public during his six years as president, he tried to hijack hearing by instilling fear, spell he also cast on communities affected by drug war, light that dispelled that darkness came from families and allies of drug war victims who attended Monday hearing to confront their ‘Punisher, they are source of magic to break spell that Duterte thought he could cast again to spread doom,’” Hontiveros stressed.
Duterte’s six-year iron fist rule showed segment of Philippine society preferring quick justice over due process, Hontiveros said.
“While there are remnants of that culture, slowly, we are waking up from that nightmare and breaking from strongman myth, perpetrated by Duterte so he could do terrible things, like his bloody war against poor, justice is slow in our country, but instead of shortcuts, we should strive for alternatives, such as harm reduction and public health approach… war on drugs will not solve problem of drug supply and problematic drug use,” the senator said.
Duterte’s testimony made under oath that there were death squad killings in Davao City could be used against him both by Department of Justice (DOJ) and International Criminal Court (ICC) based in The Hague.
“The basis exists in truth and fact…his statements under oath are put on record…these are now official evidence which can be used by DOJ and ICC for case build-up, there is now fighting chance to convict and sentence him, full, moral, and legal responsibility for his nationwide antidrug campaign that killed over 6,200 drug suspects, death toll based on government estimates but human rights groups said could reach up to 30,000 dead,” Hontiveros said.
Hontiveros said there is glimmer of hope for victims with forwarding of Senate transcriptions of Duterte’s admission to ICC, as announced by former senator Antonio Trillanes IV.
Duterte’s Senate ally Ronald dela Rosa, his former police chief downplayed admission as “joke” meant to scare criminals.
“Former senator Trillanes has announced that ICC has received transcript of our hearing for its consideration to hold Duterte accountable,” Hontiveros said.
Hontiveros renewed her call for Malacañang to amend Duterte’s freedom of information executive order that hampered access to Commission on Human Rights to drug war documents held by police.
Hontiveros had earned praises online for her calm but firm demeanor in countering Duterte’s gaslighting tactics during Senate Blue Ribbon hearing.
Office of the Prosecutor of ICC (ICC-OTP) is “closely following” developments in the Philippines where Senate and House of Representatives are conducting separate investigations.
ICC-OTP said its investigations are built from wide range of sources, and may include inputs from government and private institutions.
“They can encompass Article 15 communications, information from States, international partners and civil society, open-source information and direct collection of evidence by the Office, including interviews with witnesses, in this light, Office follows developments in the Philippines closely, as to their relevance for its ongoing investigation,” it said in statement.
Article 15 communications refer to information sent to ICC prosecutor in relation to alleged crimes fall within tribunal’s jurisdiction. It was provided for under Article 15 of Rome Statute, treaty that created ICC.
According to the ICC-OTP, its investigation focuses on crimes allegedly committed in the Philippines from Nov. 1, 2011 to March 16, 2019, period when country was officially signatory to Rome Statute.
Aside from Duterte administration’s drug war, investigation is also looking at supposed crimes committed by so-called Davao Death Squad.
During Senate Blue Ribbon subcommittee hearing last Monday, Duterte admitted having organized death squad and even tagged Senator Dela Rosa, former police chief, as part of group.
Hontiveros earlier urged ICC prosecutor to use Duterte’s statements in its investigation.
In its statement, ICC-OTP said it “does not comment on operational matters with respect to ongoing investigations.”
“Confidentiality is crucial aspect of OTP’s activities… essential not only to protect integrity of investigations but also to ensure safety and security of victims, witnesses and all those with whom Office interacts,” it added.
Days after Duterte’s controversial Senate appearance, senior House member reminded public against being enraptured with Duterte as he is neither hero nor God who could just flagrantly commit crimes like ordering policemen to kill drug suspects at will.
“He is not hero…he is not God…he is not the law…he is not above the law…he is plague,” Rep. Rolando Valeriano of Manila’s second district asserted, noting former president does not have power to exonerate rogue policemen or hired guns who committed extrajudicial killings in his drug war.
“It’s not up to him to determine who are criminally, civilly, and administratively liable for crimes committed during his brutal war on drugs…his acceptance of legal responsibility for criminal and inhumane war on drugs does not absolve others of liability,” he added.
According to the legislator, Duterte was just being “true to form” when he owned up to EJKs during his term. But he said former president was merely “grandstanding, in feeble attempt to project strength to those hoodlum cops who committed crimes in his name, upon his orders and with monetary rewards.”
Valeriano said House quad committee is looking forward to Duterte’s promise to attend its inquiry. “House has its own sets of questions intended to unearth truth and facts…our findings and recommendations will be based on evidence…we will forward our findings to DOJ,” he said.
In a statement, meanwhile, family members of activists killed during Duterte administration have urged lawmakers not to shield former president from prosecution.
“For you, as senators, to now shield such an individual undercuts not only our legal system but the very trust Filipino people placed in you,” lawyer VJ Topacio and Lean Porquia said in joint statement.
“Protecting a former leader who has openly admitted to orchestrating and enabling mass killings is direct betrayal of that oath,” they said.
Topacio’s parents, peace consultants Agaton Topacio and Eugenia Magpantay, were killed in alleged shootout with police officers in November 2020.
Porquia’s father, Jose Reynaldo Porquia, was gunned down in Iloilo in May of the same year.
ISKUP! 