Lawmakers have yet to pass a measure that will punish perpetrators behind extrajudicial killings (EJKs) as they are still finalizing its definition.

For Surigao del Norte 2nd district Rep. Robert Ace Barbers, one of the authors of the proposed Anti-Extrajudicial Killing Act, a killing is "extrajudicial" if it is committed by state agents or persons in authority.

"If they are not...then therefore they fall under a different category," he noted.

The definition of the term "extrajudicial killing" was the subject of the House Justice Committee's hearing on Wednesday, Jan. 22, as it resumed its deliberations on House Bill (HB) No.10986.

Lawmakers did not pass the measure during the recent hearing as they said they will still wait for the position papers of their resource persons, including human rights advocates and lawyers, on the classification of EJK.

Members of the Congress are pushing for the creation of the measure because they said they want to tag it as a heinous crime that is different from murder as well as "to punish state actors behind killings".

The proposed anti-EJK act is one of several proposed laws quad-committee (quad-comm) members have filed. These filed measures resulted from the mega-panel's extensive inquiries into EJKs, Philippine Offshore Gambling Operations (POGO) and drug trafficking during the Duterte administration.

During its hearings, Barbers said the quad-comm uncovered hundreds of cases where drug suspects were killed by police forces, particularly in the course of the Duterte administration's war on drugs. Police officers at that time would claim  the suspects fought back or "nanlaban".

"'Nanlaban'—That is the common excuse for killing suspects, which, in many cases, we found hard to believe. Thus, we recommended this bill," Barbers said.

A representative of the Office of the Solicitor General (OSG) agreed with the proposal to have a different treatment for EJK perpetrators, who are state agents, as well as for private citizens, who commit the crime of murder.

The representative said persons in authority have access to instruments of crime, such as firearms and ammunition, as well as to state resources and power.

However, the OSG said a private individual may be covered by the proposed EJK law under certain circumstances, such as if he acts in support or under authority of the EJK perpetrator-state agent.

The OSG also said that defining and penalizing EJK under a separate law would not violate the equal protection clause of the Constitution.