Senator Richard Gordon has agreed that extrajudicial killings (EJKs) are being committed in the country, but conceded that such acts by state forces are difficult to prove.
Gordon, chairman of the Senate committee on justice and human rights, said this after the Commission on Human Rights (CHR) found indications that enforcers of the government's anti-illegal drug campaign may have abused their authority and had the "intent to kill" in their operations.
"Alam mo sasabihin ko na sayo, may EJK talaga (You know, I tell you, there really are EJKs), to prove it is another thing," Gordon said in an interview with radio DWIZ over the weekend.
"Because ang batas natin ipo-prove mo beyond reasonable doubt at dapat may testigo. Eh kung wala namang humaharap na testigo, mahirap (Because under our laws, we have to be able to prove claims beyond reasonable doubt and there should be witnesses. If no witness is willing to speak up, then it's difficult)," he added.
In 2016, the Gordon-led justice and human rights panel investigated allegations of EJKs in President Duterte's "war on drugs" and the existence of the so-called Davao Death Squad (DDS), which was claimed to be carrying out the killings in Davao City, supposedly on the orders of the former mayor.
Gordon, in terminating the committee's hearings, said the resource persons presented by the opposition failed to prove the existence of state-sponsored killings and the DDS.
"Ang dapat maintindihan muna ng tao, meron tayong patakaran sa batas that everybody is presumed innocent until proven guilty (People must first understand that our laws provide that everybody is presumed innocent until proven guilty)," said the senator, who is also a lawyer.
While he disagreed with former police chief and Senator Ronald "Bato" dela Rosa who accused the CHR of engaging in propaganda ahead of the 2022 elections, Gordon shared the view that the cases should be filed against cops who committed the EJKs.
The Department of Justice (DOJ) must initiate charges if there is evidence, he said.
"Ang CHR, totoong komisyon na ginawa under the Constitution. Eh kung sinasabi nila na merong ganon, na may nangyayari na may EJKs na napapatunayan nila, eh di magfile ng kaso ang Secretary of Justice (CHR is a legitimate commission that is created under the Constitution. If they are saying that there are EJKs, that these are happening and they can prove it, then the Secretary of Justice should file cases)," he said.
At present, the Senate justice and human rights committee is investigating the spate of killings of civilians in the country.
"May karapatan ang taong magalit dyan, wala kayong ginagawa, eh (People have the right to get mad about it because the government is not acting on it)," he said.
Gordon has been pushing for the passage of his proposed "Police Courts Act", which calls for the creation of a special court to handle all civil and criminal cases involving members of the Philippine National Police (PNP) and allegations of abuse whether off-duty or during operations.
President Duterte has recognized in separate instances that cases of EJKs linked to his drug war is one of his administration's "faults", but also repeatedly denied that they were state-sanctioned.