Former president Rodrigo Duterte (Ellson Quismorio/ MANILA BULLETIN) 

As far as Batangas 2nd district Rep. Gerville "Jinky Bitrics" Luistro is concerned, the time is ripe for the recommendation of criminal charges against former president Rodrigo Duterte in connection with his bloody war on drugs.

In the Nov. 13 hearing of the House quad-committee (quad-comm)--which Duterte attended as a resource person--Luistro argued for such recommendation against the ex-president based on his repeated public admission of “full legal and moral responsibility” for police actions during the drug war.

“By Mr. President’s own admission of his accountability, both to legal and illegal actions of the police, it is the humble submission of this representation, Mr. Chair, that the quad-comm ready to make a recommendation for the filing of the necessary action in court," said the congresswoman.

"That is," she continued, "a violation of the law, RA (Republic Act) No. 9851, Act Defining and Penalizing Crimes Against International Humanitarian Law, or at the very least, the murder cases, as defined under the Revised Penal Code (RPC)."

Since August, the quad-comm has been looking into Duterte’s aggressive anti-narcotics campaign, including overlapping issues of extrajudicial killings (EJKs) and Philippine Offshore Gaming Operations (POGO).

Although the mega-panel's probe is being conducted in aid of legislation, it has the power to recommend any course of action to the elevant agencies based on its findings.

During the same marathon hearing, Luistro managed to get an affirmation from Duterte himself that his acceptance of responsibility was equivalent to an "extrajudicial confession of guilt".

However, the former leader refused to put this in writing. 

Enacted in 2009, RA No.9851 defines and penalizes crimes against international humanitarian law, genocide, and other crimes against humanity, including systematic killings such as those in Duterte’s war on drugs.

The drug-related EJKs fall under “other crimes against humanity” as defined in Section 6 of the law, which includes acts like willful killing, torture, and enforced disappearance.

These crimes are non-bailable and carry the capital punishment of reclusion perpetua or life imprisonment. Under Section 8, liability extends beyond direct perpetrators to those in positions of authority who order, solicit, or induce such crimes. 

Luistro presented during the hearing grim statistics on casualties from Duterte’s controversial anti-drug drive, and called into question the legality of the methods employed under his administration.

Citing data from the Philippine Drug Enforcement Agency (PDEA) and various rights groups, Luistro noted 6,252 deaths in police anti-drug operations as of May 2022 and an estimated 27,000 to 30,000 EJKs, including vigilante-style murders. 

Luistro also pointed to the deaths of 427 activists, human rights defenders, and grassroots organizers as of December 2021; 166 land and environmental defenders as of December 2020; 23 journalists and media workers as of April 2022; 66 members of the judiciary and legal profession as of December 2021; and 28 mayors and vice mayors as of December 2021.

What about cops who carried out drug war?

Meanwhile, quad-comm co-chairman, Santa Rosa City lone district Rep. Dan Fernandez is pushing for a motu proprio congressional investigation into the administrative and criminal cases filed against Philippine National Police (PNP) members involved in Duterte's anti-drug campaign in a bid to address its impact on lower-ranked officers.

Fernandez, said such cops are now face legal consequences for actions they claimed were orders from their superiors during the height of the drug war.

Fernandez, also chairman of the House Committee on Public Order and Safety, expressed the urgency of conducting a probe, and the need to support officers who have been affected. 

During the same quad-omm hearing, Duterte admitted that he was unaware of the number of police officers who were dismissed or charged while enforcing his war on drugs.

The Laguna solon highlighted that some police officers were unaware that the orders they followed could lead to legal consequences. He noted that many of them are now facing serious repercussions, including dismissals and criminal charges. 

“Sabi nga ni Chief PNP [Rommel Marbil] maraming mga pulis ang mga na-dismiss, 195 yung mga na-dismiss tapos 398 facing dismissal,” he said.

(According to Chief PNP Rommel Marbil, a lot of police officers have been dismissed, 195 have been dismissed and 398 are facing dismissal.)

“So papaano iyung pamilya nila? Nawalan sila ng jobs, nawala iyung kanilang life, iyung kanilang dignity as well in following those orders,” added Fernandez.

(So what will happen to their families? They lost their jobs and livelihood, even their dignity, in following those orders.)