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SENATE PROBE: "DE LIMA ORDERED ME TO RAISE FUNDS FOR HER ELECTORAL CAMPAIGN" - EX-LOVER RONNIE DAYAN
[RELATED: AMID LOOKOUT BULLETIN De Lima to leave for US, Germany, promises to return]


DECEMBER 6 --SENATE PANEL CITES LEILA AIDE FOR CONTEMPT - Folding under intense grilling from Senate probers, Sen. Leila de Lima’s former driver-bodyguard and alleged bagman Ronnie Dayan grudgingly made admissions in a Senate hearing yesterday that provided missing pieces of the puzzle in the drugs trade linking top officials as he supported the testimony of allleged Eastern Visayas drug lord Kerwin Espinosa of P8 million funds being delivered to de Lima for her 2016 electoral campaign. Dayan said it was de Lima who had ordered him to collect funds for her electoral campaign in the 2016 polls.
“Senator de Lima merely issued orders to me. She said that we have to raise a fund, that was what she said,” Dayan said in his testimony. READ MORE...RELATED, MID LOOKOUT BULLETIN De Lima to leave for US, Germany with a promise to return...

ALSO: De Lima allowed to travel — Aguirre
[RELATED: De Lima could seek asylum, outrage anti-crime advocates VACC warn]
[RELATED(2): Ex-FG Mike A.chides de Lima amid travel lookout]


DECEMBER 10 -Senator Leila de Lima THE Department of Justice on Saturday allowed Senator Leila de Lima to leave the country despite the allegations that she is a key protector of drug traffickers from the country’s national penitentiary. Justice Secretary Vitaliano Aguirre explained his department had to issue De Lima an Allow Departure Order (ADO) since no case has been filed against her yet. “Acting on the letter of Senator De Lima relative to her plan to travel abroad, the DoJ has issued an Allow Departure Order or ADO to allow her to travel abroad because no case has yet been filed against her before the courts,” DoJ Undersecretary Erickson Balmes said relaying Aguirre’s response. On Friday, De Lima wrote Aguirre a letter baring her plan to travel to the United States to accept an award and to Germany to speak before the Annual Conference on Cultural Diplomacy. READ MORE...RELATED, De Lima could seek asylum, VACC warns...RELATED(2), Ex-FG Mike A.chides de Lima amid travel lookout...

ALSO
EJKs SENATE PANEL REPORT: Leila, Trillanes both face adverse recommendations for their conduct; charges also recommended to be filed vs De Lima witness Matobato


DECEMBER 8 -DE LIMA AND TRILLANES
Adverse recommendations against Senators Leila de Lima and Antonio Trillanes IV are set to be made by the committee that investigated the alleged existence of extrajudicial killings (EJK) where the two senators are sitting members. In what could be an unprecedented move, the two are seen to be placed in the hands of their peers, whether or not they should be sanctioned for their conduct in the proceedings in which they were seen engaged several times in heated arguments with their colleagues. The Senate committee on justice and human rights, in coming up with its panel report on extrajudicial killings, is also set to recommend the filing of charges against Edgar Matobato, alleged former hitman of President Duterte for his self-confessed criminal offenses. The panel likewise finds no reason to back up allegations on EJK as earlier alleged by de Lima, who is also a proponent of the move to subject it to an investigation in the upper chamber under the committee which was still under her chairmanship in the initial weeks of the 17th Congress until she was “ousted” sometime last September due to perceived biases in handling the issue. READ MORE...

ALSO: DU30 CLEARED - NO PROOF OF STATE-BACKED SLAYS BUT... Senate panel to Duterte: War on drugs must be won within the law
[RELATED: 'Senate panel’s report on EJKs ‘a piece of garbage’  - Trillanes]


DECEMBER 7 -The Senate Committee on Justice found no proof that the Duterte administration was behind the killing of thousands of drug personalities over the past several months. The Senate Committee on Justice found no proof that the Duterte administration was behind the killing of thousands of drug personalities over the past several months, a 19-page executive summary of the committee report showed. The committee report on the alleged extrajudicial killings blamed on the anti-drug campaign has been signed by a majority of the committee members and the summary was released to the media on Wednesday night. “There is no proof that there is state-sponsored policy to commit killings to eradicate illegal drugs in the country,” the summary of the report said. The committee, chaired by Senator Richard Gordon, reminded President Rodrigo Duterte that “the war on drugs must be won within the legal system.” The executive summary of Senate Committee Report No. 18 said Duterte needed "to be mindful of his role as head of State.” READ MORE...RELATED, Trillanes: Senate panel’s report on EJKs ‘a piece of garbage’...

ALSO: Matobato files murder, crimes against humanity raps vs Duterte[RELATED: Duterte a ‘murderer,’ says De Lima]
(Without mincing words, Senator Leila de Lima on Thursday called President Rodrigo Duterte a “murderer.” “People of the Philippines, your President is a murderer,” De Lima said in a statement.)


DECEMBER 9 -In this September 2016 file photo, witness Edgar Matobato, who claimed to be a member of the death squad of the then Davao city Mayor Rodrigo Duterte, gestures as he testifies before the Senate's Justice and Human Rights Committee on the killings in President Rodrigo Duterte's "war on drugs." AP
Matobato's lawyer Jude Sabio filed the complaints at the Office of the Ombudsman in Quezon City also accusing Duterte, his son and 26 others of violations of international humanitarian law, genocide and other crimes against humanity. Also included in the complaint are Philippine National Police Ronald dela Rosa, SPO4 Bienvenido Laud, SPO3 Arthur Lascañas and several other police officers Matobato previously tagged as being behind the so-called Davao Death Squad, or DDS, which targeted criminals and other opponents of Duterte where he served as mayor for two decades. READ MORE...Duterte a ‘murderer,’ says De Lima...

ALSO: 4 ANSWERS FROM 'QUORA' BLOGGERS - Can the International Criminal Court prosecute President Duterte for negligence on EJKs?
[RELATED: Napolcom investigating 1,800 cops with alleged drug links]


International Criminal Court prosecutor Fatou Bensouda and President Rodrigo Duterte (Photo from philstar.com/mb.com.ph
READ 4 ANSERS OF QUORA ONLINE BLOGGERS....RELATED, Napolcom investigating 1,800 cops with alleged drug links...

ALSO: Ombudsman to inhibit from Matobato complaint vs Rody
RELATED: Palace - Matobato complaint filed to harass, distract Duterte]


DECEMBER 11 -“I’m taking no part in all cases against Duterte,” Edgar Morales told reporters during the sidelines of an anti-corruption forum in Quezon City Friday. She is the aunt-in-law of Davao City mayor Sara Duterte, the President’s daughter. AP/Aaron Favila, file photo
 Ombudsman Conchita Carpio-Morales will inhibit from the investigation on the complaint filed by self-confessed hitman Edgar Matobato against President Duterte and 27 other individuals. “I’m taking no part in all cases against Duterte,” Morales told reporters during the sidelines of an anti-corruption forum in Quezon City Friday. She is the aunt-in-law of Davao City mayor Sara Duterte, the President’s daughter. “I take no part in cases against him and his family,” Morales reiterated, citing as example her inhibition from a previous investigation on the so-called Davao Death Squad (DDS) by the Office of the Ombudsman for Luzon. READ MORE...RELATED, Palace: Matobato complaint filed to harass, distract Duterte...


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Dayan: De Lima ordered me to raise poll funds

MANILA, DECEMBER 12, 2016 (TRIBUNE) Written by Tribune Wires Tuesday, 06 December 2016 - SENATE PANEL CITES LEILA AIDE FOR CONTEMPT - Folding under intense grilling from Senate probers, Sen. Leila de Lima’s former driver-bodyguard and alleged bagman Ronnie Dayan grudgingly made admissions in a Senate hearing yesterday that provided missing pieces of the puzzle in the drugs trade linking top officials as he supported the testimony of allleged Eastern Visayas drug lord Kerwin Espinosa of P8 million funds being delivered to de Lima for her 2016 electoral campaign.

Dayan said it was de Lima who had ordered him to collect funds for her electoral campaign in the 2016 polls.
“Senator de Lima merely issued orders to me. She said that we have to raise a fund, that was what she said,” Dayan said in his testimony.

READ MORE...

De Lima’s instruction was for him to get funds from Espinosa even as he insisted that he did not receive any other amount from other drug lords. Dayan said it was de Lima who gave him Espinosa’s mobile phone number.

CONTEMPT CITATION


“I move that Mr. Dayan be held in contempt. Marami kang kasinungalingan, sabi mo wala kang number ni Kerwin Espinosa, tapos ngayon sinabi mo na binigay sayo ni Senator De Lima ang number,” Pacquiao said during the Senate hearing.

It took a Senate contempt citation and a Facebook post presented by Sen. Richard Gordon, chairman of the Senate committee on justice and human rights, that contradicted his claim, for Dayan to also retract saying the meeting between de Lima and alleged Eastern Visayas drug lord Kerwin Espinosa happened in November, 2015 and not 2014 as he earlier asserted.

The joint Senate committees on public order and justice and human rights which conducted the probe on the killing of Albuera, Leyte Mayor Rolando Espinosa Sr., cited Dayan in contempt after probers said that he was telling half truths during the proceeding.

Lacson cited Dayan in contempt after Sen. Emmanuel “Manny” Pacquio motioned for it.

Lacson, however, said that he has yet to coordinate with Sen. Richard “Dick” Gordon, on the amended motion to have Dayan detained in the New Bilibid Prison.

He said that Dayan will for the meantime be kept in Senate custody at the Senate building.

Lacson expressed hope that being in detention would refresh Dayan’s memory. “Maybe after he is released from there, he would tell the truth,” Lacson said.

Earlier in the inquiry, Dayan claimed he received money from self-confessed drug lord Kerwin Espinosa in November 2014 while Espinosa insisted that the exchange took place in November 2015.

Another inconsistency in their testimonies was that Dayan claimed that de Lima facilitated the meeting against Espinosa’s insistence that Albuera, Leyte Police head Chief Inspector Jovie Espenido contacted Dayan to talk to him.

Dayan’s claim that de Lima gave him Espinosa’s contact number aslo contradicted his testimony during a previous hearing at the House of Representatives where he said that he met Espinosa without knowing his number, Lacson said.

Dayan gave an excuse that he was “not thinking properly” during the House hearing and “could not remember” the circumstances at that time.

Senator Gordon showed Dayan during the hearing photos uploaded on Facebook showing de Lima in Burnham Park last November 19, 2015 that included a photo which shows De Lima with Espinosa and his partner.

“We are having a hard time reconciling the dates. Your claim was 2014, the other side (Espinosa) said it was 2015. You may have been mistaken,” Gordon told Dayan.

Glancing at the photos, Dayan then said that indeed the meeting happened in 2015. “So you remembered?” Gordon told Dayan to which Dayan replied “Yes, your honor.”


A photo presented during the hearing showing Kerwin Espinosa with then justice secretary Leila de Lima in Baguio City in 2015. Espinosa said it was taken shortly after he had given money to De Lima. De Lima has said she does not know everyone who wants a photo with her. PHILSTAR FILE

Some senators, particularly Sen. Antonio Trillanes IV, said the conflicting dates showed that the narratives of Dayan and Espinosa were made up.

Kerwin in the previous hearing said that he met with de Lima at Burnham Park in November of 2015 to deliver protection money through Dayan. After being introduced to de Lima, Espinosa said he and his wife had their photos taken with her.

Kerwin said he met Dayan four times in 2015, while Dayan said his meetings with Kerwin happened five times in 2014.

Don’t ask — Rody



President Duterte said, meanwhile, that he does not need to explain all his orders to the Philippine National Police (PNP) and actions to critics and to the general public regarding his war on drugs.

“I want to be frank with all of you. The mayor was sent a warrant and then there was a shoot out. Some say extrajudicial killing. Look, there were criticisms against me, I accept it. But do not force me or criticize me, to believe the theory and assumptions even with the witnesses that the mayor was killed inside his jail cell,” Duterte said during his speech at the Malacañang grounds.

“I knew before. Assuming that maybe I knew the operation, then now I issued an order. Whatever the reason be, that is my decision.”

“As the head of the government and the chief executive, the police is under me. So the PNP chief is under my supervision and control. I do not have to explain to you, the Republic of the Philippines, and the critics,” he stressed.

Moreover, the President said that he does not care about brickbats coming from the judiciary and the legislature, insisting that he holds absolute authority in the executive branch.

“Congress and Supreme Court… I don’t meedle with them. But as President, I do not have to give you the rationale or the reason I ordered this or that,” he said, noting that he does not subscribe to protocols expected of him as President in giving directives to subordinates, including the Police.

“There is no such thing as protocol when there is absolute control and supervision. I can modify, amend or revoke any order in this executive department,” Duterte asserted.

Duterte also defended his order to PNP Director-General Ronald Dela Rosa to reinstate Police Supt. Marvin Marcos – who led the operations that gunned Espinosa to death inside his cell at the Baybay City Sub-provincial jail last November 5 – as head of the Criminal Investigation and Detention Group (CIDG)-Region 8.

“I made the order for him just to sit down and do not remove him. Well actually Marcos was eventually removed but I was there. My purpose? Don’t ask,” the President said addressing his critics.

The President reiterated his promise to state operatives killing drug traffickers, that he has their back and if ever a suspect resists – even if it’s the jolly season of Christmas – “kill them.”

“I promise the police, do you duty. Go out and find criminals, arrest them and possible but if they offer a violent resistance, and you think your life is in danger, kill them,” he said.

Leila’s hysteria

De Lima became hysterical during her turn in the Senate hearing as she appealed to her accusers to break from their “handlers” and “tell the truth” that she was not involved in the illegal drug trade.

“I have enough of all of you liars,” she said to nobody during her questioning of Philippine National Police (PNP) chief Ronald “Bato” dela Rosa

“You are not in the PNP, you are in the Senate. If you tell the truth, my colleagues, I think, will protect you. That is what I ask of you,” de Lima told Dayan and Espinosa.

She claimed that Espinosa and Dayan do not know each other and thus could not have made a phone conversation in which Dayan supposedly asked Espinosa to deliver P8 million in drug money to her.

De Lima, a former justice secretary, added Dayan does not know Espenido and thus could not have asked him to connect him to Espinosa.

“We never met before, Ronnie knows that. I don’t have your number because I definitely do not know you. Check it in the records, there can never be a conversation between Kerwin and Ronnie, even Espenido,” she said.

She also claimed the inconsistencies in the testimonies of Espinosa and Dayan were not simple but “very serious, very glaring, and very irreconcilable.”

“Ronnie Dayan knows that I don’t know you,” she said, addressing Espinosa. “I know Ronnie Dayan does not know you and claims that he does not know Espenido.”

Duterte, Go talked to Bato



Not only Duterte but also his most trusted aide, presidential special assistant Christopher “Bong” Go, indeed also “requested” for the reinstatement of Supt. Marvin Marcos prior to the killing of Albuera Leyte Mayor Espinosa.

Go was alleged to be the one who suggested the idea of citing “humanitarian consideration” as an excuse in bringing back Marcos, who is among those suspected to have a motive in killing Espinosa, to his post as chief of the Criminal Detection and Investigation Group (CIDG) in Region 8.

De Lima managed to extract this admission from PNP Chief dela Rosa, amid tension between the two during the former’s interrogation on the latter, who really moved high heavens, supposedly to reinstate Marcos and not Duterte despite the admission made late last week.

At one point during the joint committee in the Senate, dela Rosa lost his cool as he tried to evade the senator’s questioning on real identity of the “kumpadre” (godfather to his child) who called him and which he himself publicly admitted to spare Marcos from being suspended.

“The President already said that he was the one who called me. As you know, your honor, the President is my godfather in my wedding. At the same time, he is also my kumpadre, your honor. If I’m forced to my back I would admit it (that he was the one who called me). If you’re in my shoes, your honor as chief PNP, can you blame the President,” an obviously irate dela Rosa said. Lacson interceded to pacify dela Rosa.


DE LIMA HYSTERICAL

“Please don’t argue with me. I’m the one asking you the questions here. Do not argue with me. I’ve had enough of you. All of you are liars. Go ahead, answer the question,” de Lima said, to which the PNP chief, was prompted into admitting the role played by Go.

Dela Rosa confessed that it was Go’s idea to cite “humanitarian consideration” in reinstating Marcos, who will be away from his family in Leyte while under suspension.

Dela Rosa further confessed that while Go passed on the phone to Duterte when the call was made, the same day that he ordered Marcos relieved from his post due to alleged drug links, the President’s aide tried mentioning “humanitarian consideration” in rethinking the suspension.

Marcos, when he was grilled by senators, denied having direct access or much more called up the President himself to “appeal” dela Rosa’s relief order which came after Espinosa’s son, Kerwin, named him as among those receiving regular payola or protection money from him, immediately after he was arrested in Abu Dhabi sometime last October.

Marcos claimed that Dela Rosa’s directive coincided with the serving of the June 9 decision rendered by the National Capital Region Provincial Office (NCRPO) that meted him with a 20-day suspension, the nature of the case, he failed to elaborate.

Senate President Pro Tempore Franklin Drilon and Lacson put into question the circumstances that led to the reinstatement of Marcos on the same day he was being relieved from his post but the police official was adamant in saying that he did not call or sought help from anyone who has direct access to the President. “This is too much of a coincidence,” Lacson commented.

In an interview with reporters after the hearing, dela Rosa “invoked” the matter of executive privilege as the reason he could not come clean on the issue concerning Marcos.

Some pieces of puzzle still missing

The question on how de Lima was introduced to Kerwin continues to baffle the Senateas Albuera police Chief Insp. Jovie Espenido proved unyielding in his denial of being the one responsible in introducing the younger Espinosa to Dayan.

This, even if De Lima repeatedly pleaded to Espenido, Dayan and Kerwin to come clean and admit that they have been only fed with information just so she could be implicated to illegal drugs activities.

“It’s very clear to everyone, please do not pretend to not know the inconsistencies in what you have been saying which are not cases of simple, minor, innocuous inconsistencies. These are very serious, these are very glaring, these are very irreconcilable versions of your stories about me knowing you,” de Lima said.

“Now, Mr. Espinosa, Ronnie Dayan knows that I do not know you. I know Ronnie Dayan know also that he does not know you. Espenido claims that he does not know Ronnie. Ronnie claims that he does not know Espenido. Fabricated,” De Lima said.

PLEAS FELL ON DEAF EARS

As her pleas fell on deaf ears, the senator continued, this time sounding to be trying to convince her peers on her innocence saying that Dayan knows he’s not telling the truth.

“I don’t think he (Kerwin) has your number because as I said, he does not know you. I don’t have your number, because I definitely do not know you. Check it out. Records. There cannot be any conversation between Ronnie and Kerwin because they do not know each other, they do not know cellphone numbers of each other. And even Espenido, because they do not know weahc, I also do not know your number because I really do not know you.
“Please. I know that there are reasons for pointing at me. I will not force you, although I’m telling you I forgive you. I forgive both of you. I forgive all those other (National) Bilibid (Prison) witnesses who lied at the House inquiry. I am not blaming you. I am not angry at you. I am angry at those who are using you. You are both vulnerable. You are being used to get back at me. That is what angers me. And I will know in due time who they are,” she said.

Lacson also moved to issue a subpoena records from the telecommunication companies to check or call logs, to help ascertain whethere indeed phone calls were made between and among the personalities concered – Kerwin, Dayan and Espenido. By Angie M. Rosales, Ted Tuvera, Mario M. Mallari

---------------------------------------------

RELATED FROM GMA NEWS NETWORK

AMID LOOKOUT BULLETIN De Lima to leave for US, Germany with a promise to return Published December 9, 2016 6:41pm By KATHRINA CHARMAINE ALVAREZ, GMA News

Senator Leila de Lima on Friday assured her critics that there is "nothing to worry about" as she prepares to leave for official visits abroad.

In a statement, De Lima, who is the subject of a lookout bulletin issued by the Department of Justice (DOJ), said she is set to receive an award in the United States, and to speak at the Annual Conference on Cultural Diplomacy in Berlin, Germany.

She will abroad from December 11 to 22.

A lookout bulletin directs all immigration officers to closely coordinate with the DOJ and National Bureau of Investigation (NBI) and inform them of any attempt by the subjects to leave the country by forwarding details of their flight, itineraries and/or whereabouts.

De Lima said both visits are "very important" to her as she will speak before "influential world leaders and global thinkers on raising awareness and support for human rights, an advocacy I am passionate about."

De Lima was chair of the Commission on Human Rights and secretary of the DOJ before she was elected senator in the May 2016 elections.

"This is a great opportunity to meet leaders from various fields from around the world and learn from their respective government's initiatives and challenges about cultural diplomacy," she said.

"There is, however, nothing to worry about as I will surely return, along with my staff who will be with me during these foreign visits. I hope my brief absence would provide a welcome relief and respite to my detractors and critics. I will keep them in mind though," De Lima added.

De Lima is the subject of complaints filed by the Volunteers Against Crime and Corruption, former National Bureau of Investigation directors Reynaldo Esmeralda and Ruel Lasala, and convicted kidnapper Jaybee Sebastian.

Last week, she snubbed the preliminary hearing of the DOJ in relation to the complaints filed against her over her alleged involvement in the illegal drug trade. —KBK, GMA News


MANILA STANDARD

De Lima allowed to travel — Aguirre posted December 10, 2016 at 10:01 pm by Sara Susanne D. Fabunan


Senator Leila de Lima

THE Department of Justice on Saturday allowed Senator Leila de Lima to leave the country despite the allegations that she is a key protector of drug traffickers from the country’s national penitentiary.

Justice Secretary Vitaliano Aguirre explained his department had to issue De Lima an Allow Departure Order (ADO) since no case has been filed against her yet.

“Acting on the letter of Senator De Lima relative to her plan to travel abroad, the DoJ has issued an Allow Departure Order or ADO to allow her to travel abroad because no case has yet been filed against her before the courts,” DoJ Undersecretary Erickson Balmes said relaying Aguirre’s response.

On Friday, De Lima wrote Aguirre a letter baring her plan to travel to the United States to accept an award and to Germany to speak before the Annual Conference on Cultural Diplomacy.

READ MORE...

De Lima said that both visits are “very important” to her as a lawmaker.

“I will have a chance to speak before influential world leaders and global thinkers on raising awareness and support for human rights, an advocacy I am passionate about,” De Lima wrote in a statement.

De Lima assured the public that she will return to the country despite ongoing hearing against her alleged involvement in illegal drug trade.

“I hope my brief absence would provide a welcome relief and respite to my detractors and critics. I will keep them in mind though,” the lady lawmaker said.

The Volunteers Against Crime and Corruption, however, expressed disappointment over Aguirre’s decision, saying it will try to prevent De Lima from leaving the country on Sunday. De Lima is scheduled to leave the country on Sunday night and said she will be back on December 22.

The group said in forum that the VACC filed two separate cases against her before the DoJ and Supreme Court in October.

CASES FILED VS DE ;IMA

One was a drug trafficking complaint implicating De Lima in the illegal drug trade at the New Bilibid Prison; and a disbarment case against her because of her admitted illicit affair with her former driver-bodyguard Ronnie Dayan.

Two other disbarment case have been filed against De Lima by lawyers Agustin Sundiam and Ricardo Rivera.

“She should stay in the country to answer to the charges that we filed against her,” VACC chairman Dante Jimenez asserted.

Balmes, on the other hand, said that Aguirre is just following the law allowing any individuals to travel until the proper court issues a Hold Departure Order (HDO).

“The DoJ respect the right of everyone to express their opinion. However, one of the duties of the DoJ is to enforce our laws,” Aguirre said.

He also noted that De Lima has acquired a travel authority signed by Senate President Aquilino Pimentel III. “We respect and follow the law,” Balmes said.

“The DoJ under the watch of Secretary Aguirre will not be the first to violate the law or to violate the rights of any person,” Balmes pointed out.

The only legal resort that the VACC has is to ask President Rodrigo Duterte to revoke the travel clearance, VACC lawyer Lorenzo Gadon said.

Both Jimenez and Gadon feared that De Lima might not return and seek refuge to Germany, which does not have an extradition treaty with the Philippines.

Jimenez said De Lima has another hearing on December 21 but the lawmaker is schedule to return to the Philippines on December 22.

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RELATED(2) FROM THE MANILA TIMES

De Lima could seek asylum, VACC warns BY JAIME PILAPIL, TMT ON DECEMBER 11, 2016 HEADLINES


VACC founding chairman Dante Jimenez

ANTI-crime advocates on Saturday expressed outrage over the travel clearance issued to Sen. Leila de Lima, claiming the lawmaker, who is accused of pocketing money from drug syndicates, could seek asylum to escape prosecution.

Dante Jimenez, founding chairman of the Volunteers Against Crime and Corruption (VACC), said he would ask President Rodrigo Duterte to block de Lima’s plan to travel to the United States and Germany this week.

“We suspect she will either seek asylum or hide for allegedly being ‘persecuted’ … We victims of illegal drug trafficking urge her to clear her name first from these charges before going out of the country,” Jimenez told The Manila Times.

The Justice department gave de Lima the go signal to travel to the United States to accept an award and to Germany to speak before the Annual Conference on Cultural Diplomacy. The Philippines has an extradition treaty with the US, but not with Germany.

In a statement, de Lima said there was “nothing to worry about as I will surely return, along with my staff who will be with me during these foreign visits.”

“I hope my brief absence would provide a welcome relief and respite to my detractors and critics. I will keep them in mind though,” she said.

The lawmaker, who had been accused by prison inmates of accepting protection money when she was secretary of Justice in the previous administration, said the US and Germany trips were “very important to me because as a senator, I will have a chance to speak before influential world leaders and global thinkers on raising awareness and support for human rights, an advocacy I am passionate about.”

“This is a great opportunity to meet leaders from various fields from around the world and learn from their respective government’s initiatives and challenges about cultural diplomacy,” she added.

Bar the doors

But Jimenez urged authorities to guard all exit doors.


Senator Leila de Lima

“VACC condemns allowing de Lima to leave because of various complaints under investigation like illegal drug trading in violation of [the Dangerous Drugs Act]and for snubbing various hearings of House of Representatives and the Department of Justice,” Jimenez said.

It was the VACC that filed drug trafficking complaints with the Department of Justice and the Office of the Ombudsman against de Lima and seven other personalities allegedly involved in the illegal drug trade inside the New Bilibid Prison.

The seven others were former Justice undersecretary Francisco Baraan 3rd, former Bureau of Corrections chief Franklin Bucayu, de Lima’s former security aides Ronnie Dayan, Joenel Sanchez and Jose Adrian Dera, Bucayu’s alleged bagman Wilfredo Ely, and high-profile inmate Jaybee Sebastian.

VACC had also filed a disbarment case against de Lima before the Supreme Court.

De Lima earlier said she had no plans to leave the country after the Justice department issued an immigration lookout bulletin order on her and her alleged cohorts in October.

Palace hands off

Malacañang took a hands-off stance on de Lima’s travel plans on Saturday.

In a radio interview, Presidential Communications Assistant Secretary Marie Banaag said the Palace would leave Justice Secretary Vitaliano Aguirre 2nd to answer questions about de Lima.

“Well, we have to ask DOJ Secretary Aguirre because they do have jurisdiction over the case filed against Secretary de Lima,” Banaag told government-run radio station DZRB.

-------------------------------------

RELATED(3) FROM THE TRIBUNE

Ex-FG Mike A. chides de Lima amid travel lookout Written by Charlie V. Manalo Sunday, 11 December 2016 00:00


COMPOSITE PHOTOS MIKE ARROYO, LEILA DE LIMA

Former First Gentleman Jose Miguel Arroyo yesterday chided Sen. Leila de Lima for downplaying the lookout bulletin issued against her by the Department of Justice (DoJ) as she embarks on an eleven-day trip to two countries with her claiming there was no need to issue such an order as she would surely be coming back to face the allegations hurled against her.

In his Facebook account, Mr. Arroyo reminded de Lima that in 2011, she issued a hold-departure order against former President now Deputy Speaker Gloria Macapagal-Arroyo even if there was no case filed against her yet then, citing her fears the former President would try to escape prosecution as she was then being investigated on several matters.

DEFIED SUPREME COURT, DEFIED PGMA HUMAN RIGHTS

“Sen de Lima, when you were Secretary of Injustice you had a hold departure order (HDO) against PGMA even though no case was filed against her,” Mr. Arroyo said.

“So PGMA went to the SC (Supreme Court), which granted her a TRO (temporary restraining order) against your capricious and unlawful order,” he added.

“Yet you defied the SC and violated PGMA’s human rights saying she will escape,” Mr. Arroyo stressed.The Department of Justice (DOJ) allowed de Lima yesterday to travel abroad since no hold departure has been issued by the court against her.

ALLOW DEPARTURE ORDER FROM AGUIRRE

Justice Secretary Vitaliano Aguirre II said de Lima can travel since she has a travel authority signed by Senate President Aquilino “Koko” Pimentel and since no case against her has been filed in court and no hold departure order has been issued by any court.

”Acting on the letter of Senator de Lima relative to her plan to travel abroad, the DOJ has issued an Allow Departure Order or ADO to allow her to travel abroad because no case has as yet been filed against her before the courts,” Aguirre said.

”One of the duties of the DOJ is to enforce our laws. Our laws allow people to travel until the proper court issues a Hold Departure Order. We respect and follow the law (and) will not be the first to violate the law or to violate the rights of any person,” he added.

A letter addressed to Aguirre, signed by Atty. Phillip Sawali, de Lima’s chief of staff, stated that the senator will be traveling on official business to Washington, DC on Dec. 11 to 13, and to Berlin, Germany on December 14 to 19.

De Lima said she has plans to leave for the United States to accept an award and to Germany to speak before the Annual Conference on Cultural Diplomacy.

Last Oct. 7, the DOJ issued an immigration lookout bulletin order (ILBO) against de Lima and five others allegedly involved in the proliferation of illegal drugs inside the New Bilibid Prison (NBP) in Muntinlupa City.

A lookout bulletin order is issued to persons to at least monitor the itineraries of their flight, travel, and/or whereabouts. These persons are allowed to travel provided they have permission from the justice department.

FACES 4 DRUG COMPLAINTS

De Lima, a former justice secretary is facing four drug complaints filed by the Volunteers Against Crime and Corruption (VACC), former National Bureau of Investigation (NBI) deputy directors Reynaldo Esmeralda and Ruel Lasala, high-profile inmate Jaybee Sebastian, and the NBI, stemming from the senator’s alleged violation of Republic Act 9165 or the Dangerous Drugs Act.

The five-man panel, headed by Sr. Asst. State Prosecutor Peter Ong, began preliminary investigations on the case last Dec. 2 to determine whether there is sufficient evidence to warrant the filing of a case against de Lima and the other respondents.

Ong told the respective lawyers of the respondents to submit their response to the complaints on the hearing of the case set on Dec. 21 at 2 p.m.

He said that on Dec. 21, all respondents, including de Lima, are required to appear personally before the DOJ to submit their counter-affidavits, except for the Bilibid inmates.

Leila haunted by Arroyo HDO

In 2011, former president Gloria Arroyo was stopped at the airport as she was about to leave for abroad to seek medical treatment for her spinal problem on the strength of and HDO issued by de Lima.

While Mrs. Arroyo was able to secure a temporary restraining order (TRO), de Lima defied the high court and prevented the former president from leaving.

To make the SC-issued TRO moot, de Lima reportedly led her team in hastily drafting a complaint against Mrs. Arroyo for electoral sabotage in connection with the 2007 senatorial elections, allegedly even dragging then Commission on Elections (Comelec) chair Sixto Brillantes from his sickbed just to sign the Comelec resolution against Mrs. Arroyo, filed at 11 am the next morning, have it raffled an hour later and coming out with a warrant of arrest against the former president.

The entire act was reportedly accomplished in less than 24 hours.

The table has since turned against the then secretary of justice as the agency which she used to head has issued a lookout bulletin against her as she is now the subject of complaints filed by the Volunteers Against Crime and Corruption (VACC), former National Bureau of Investigation directors Reynaldo Esmeralda and Ruel Lasala, and convicted kidnapper Jaybee Sebastian.

A lookout bulletin directs all immigration officers to closely coordinate with the DOJ and National Bureau of Investigation (NBI) and inform them of any attempt on de Lima’s part to leave the country by forwarding details of their flight, itineraries and/or whereabouts.

“There is, however, nothing to worry about as I will surely return, along with my staff who will be with me during these foreign visits. I hope my brief absence would provide a welcome relief and respite to my detractors and critics. I will keep them in mind though,” de Lima said.

However, Mr. Arroyo said de Lima cannot simply ignore the lookout order as cases have been filed against her, which is much different in the situation of the former president before.

“Now you want to leave for the US and Germany amid a lookout bulletin and your statement that there is no need for a lookout bulletin against you since you do not intend to leave,” said Mr. Arroyo.

“Are you planning to escape?” said the former First Gentleman. Charlie V. Manalo


TRIBUNE

Leila, Trillanes face adverse EKJ panel report Written by Angie M. Rosales Wednesday, 07 December 2016 00:00


DE LIMA AND TRILLANES

Adverse recommendations against Senators Leila de Lima and Antonio Trillanes IV are set to be made by the committee that investigated the alleged existence of extrajudicial killings (EJK) where the two senators are sitting members.

In what could be an unprecedented move, the two are seen to be placed in the hands of their peers, whether or not they should be sanctioned for their conduct in the proceedings in which they were seen engaged several times in heated arguments with their colleagues.

The Senate committee on justice and human rights, in coming up with its panel report on extrajudicial killings, is also set to recommend the filing of charges against Edgar Matobato, alleged former hitman of President Duterte for his self-confessed criminal offenses.

The panel likewise finds no reason to back up allegations on EJK as earlier alleged by de Lima, who is also a proponent of the move to subject it to an investigation in the upper chamber under the committee which was still under her chairmanship in the initial weeks of the 17th Congress until she was “ousted” sometime last September due to perceived biases in handling the issue.

READ MORE...

Sen. Richard Gordon, committee chair, presented these “highlights” in his panel report currently being routed for signatures of his members and due to be submitted on the floor anytime soon.

“Included in our recommendations is that Senators Trillanes and de Lima behaved very badly by walking out. This is not done by a senator,” Senator Gordon said, referring to the October 3 hearing where de Lima staged a walkout as she came under fire from Gordon who had accused her of “material concealment”, failing to disclose early on that Matobato has a pending kidnapping case, where his alleged victim was described by Matobato as a terrorist, when in fact he was a neighbor of de Lima’s witness.

Matobato came out claiming to be among the original members of the alleged vigilante group Davao Death Squad (DDS) that summarily executed suspected criminals in during the incumbency of Duterte as Davao City mayor.
Gordon, a lawyer by profession, emphasized the seriousness on the issue of “material concealment.”

“That’s because we know that Matobato testified, but his mistake was that his claimed DDS members were not members of the alleged vigilante groups. The policemen he said who were involved in DDS when in fact they were not and they (the two senators) never told us that about the kidnapping case filed against Matobato),” the senator said.


Trillanes Confirmed He Brought Matobato To The Senate:”Am the one responsible for his safety “ GOOGLED IMAGES

Matobato, whom de Lima presented as a “surprise witness”, apparently to establish a pattern of EJK under the alleged leadership of Duterte, was found to have been charged with kidnapping of one Sali Makdum way back in 2002 whom Matobato claimed he tortured and killed because he was a terrorist but it was later found out that Makdum was his neighbor and the tiff between Matobato and Makdum was over a botched land deal. Matobato was moreover never a member of the alleged DDS.

Matobato, in his first appearance in the said Senate hearing, claimed that sometime in 2002, Makdum was allegedly ordered kidnapped by Duterte on suspicion of being a terrorist and was even purportedly presented to then Davao police head, now Philippine National Police (PNP) Chief Ronald dela Rosa, before they had him killed and buried in a quarry owned by a policeman.


Sali Makdum apparently existed and his family has spoken up to CNN Philippines for the first time. The man’s relative said his death has nothing to do with terrorism, as Matobato claimed Makdum supposedly had a business deal with Matobato that ended in his death.

He even claimed to have witnessed how Makdum, an alleged suspect in bombings in Kidapawan and other incidents, was executed, his throat slit by his fellow DDS members, some of whom even took turns in stabbing him to death, he testfied falsely.

But in the hearing last October 3, officials from National Bureau of Investigation (NBI) based in Davao claimed that Makdum’s wife filed a kidnapping for random case against Matobato in 2000, a matter the de Lima failed to disclose.

“Well, she hid what Matobato did when there was a confrontation since what she hid was already an open secret. She walked out. That’s not proper behavior,” Gordon said.


GORDON

The senator said his committee is set to recommend the filing of murder charges against Matobato as a result of their investigation.

“What we proved was that Matobato lied and he should face charges since the corpse of Makdum whom he said he had murdered has not been found. That is part of the recommendations,” he said.

Trillanes, on the other hand, had been embroiled in a head-on collision with Sen. Alan Peter Cayetano, an incident that could have been avoided by de Lima while she was still the panel chair.

In an apparent attempt to taunt Cayetano, who has been trying to butt in on de Lima inquiries, despite Trillanes’ call to have him declared out of order, the latter turned off the microphone of Cayetano.

“But that’s not as bad since the confrontation was over. But it’s still part of the report. He (Trillanes) should not have behaved as such against a fellow senator,” Gordon said.

“(But) I will leave it up to the Senate to do that. I did not include in the recommendation to bring them up to the ethics committee proceedings. It would be up to the Senate (as a body to act on this matter). If they want to bring this to the ethics committee, then I will leave it up to the Senate,” he said.

This early, Gordon said he would not be surprised if either Trillanes or de Lima will come up with a dissenting opinion.
“That’s a right. That’s a right. I expect it,” he said.

As to the issue of state-sponsored killings, Gordon said there’s no information that could back up this allegation.

“We’re short on witnesses in testifying on this. Besides, what was testified by the witnesses of de Lima that we got failed to prove the existence of the Davao death squad,” he said.


GMA NEWS NETWORK

RODY CLEARED - NO PROOF OF STATE-BACKED SLAYS BUT... Senate panel to Duterte: War on drugs must be won within the law Published December 7, 2016 11:26pm By KATHRINA CHARMAINE ALVAREZ, GMA News


The Senate Committee on Justice found no proof that the Duterte administration was behind the killing of thousands of drug personalities over the past several months.

The Senate Committee on Justice found no proof that the Duterte administration was behind the killing of thousands of drug personalities over the past several months, a 19-page executive summary of the committee report showed.

The committee report on the alleged extrajudicial killings blamed on the anti-drug campaign has been signed by a majority of the committee members and the summary was released to the media on Wednesday night.

“There is no proof that there is state-sponsored policy to commit killings to eradicate illegal drugs in the country,” the summary of the report said.

The committee, chaired by Senator Richard Gordon, reminded President Rodrigo Duterte that “the war on drugs must be won within the legal system.”

The executive summary of Senate Committee Report No. 18 said Duterte needed "to be mindful of his role as head of State.”

READ MORE...

It said Duterte must be careful in his words by avoiding in appropriate statements lest be accused of condoning violations of human rights and due process.

“While the people recognize his fearless naming of generals and prominent personalities, including politicians and judges, protectors of drug lords, due process must still be observed," the summary said.

"The accused deserve their day in court to prove their innocence... The war against illegal drugs must be won within the legal system, and the President must lead in reminding the people of this important message,” it added.

The summary said that based on the witnesses and evidence presented during the probe, there was no proof of a state-sponsored policy to commit killings amid the Duterte administration’s war against illegal drugs.

The committee said there have been “many thousands of killings with impunity” every year in the last two decades.

There was also no evidence to prove the existence of the so-called Davao Death Squad, the summary said, despite witness Edgar Matobato’s testimony linking Duterte to killings in Davao City.

In its recommendations, the Senate panel said the police and other law enforcement officers “must be admonished” for compelling drug users to sign “voluntary surrender certificates” under the Philippine National Police’s (PNP) Oplan Tokhang.

The committee also proposed the amendment of Republic Act 8551 or the PNP Reforma and Reorganization Act to enable the Internal Affairs Service to act swiftly on investigations of police personnel.

It also proposed the creation of special criminal courts for erring and abusive police officers, and the creation of a joint congressional oversight committee to monitor killings and paramilitary units.

Senators Leila de Lima and Antonio Trillanes IV’s behavior during the course of the Senate probe was also said to have led the committee to be used as a “cockpit for partisanship.”

“Partisan politics manifested itself with disorderly results, including uncontrolled shouting, threats and intimidation, and microphone grabbing incidents,” it said.

Both De Lima and Trillanes said they have yet to read the receive a copy of the report, with Trillanes calling Gordon, chairman of the committee, as a “Duterte collaborator” over his findings. —NB, GMA News


GMA NEWS NETWORK

Trillanes: Senate panel’s report on EJKs ‘a piece of garbage’ Published December 7, 2016 10:56am


TRILLANES

Sen. Antonio Trillanes IV on Wednesday called the Senate justice committee's soon-to-be released committee report "a piece of garbage" allegedly meant to cover-up extrajudicial killings.

"Talagang lumalabas na ano siya, Duterte collaborator. Ang committee report na iyan ay cover-up ng extrajudicial killings na nagsimula at dumami ngayon noong nagsimulang umupo si President Duterte," Trillanes told News To Go.

He added: "Talagang this is a piece of garbage, ang committee report ni Sen. [Richard] Gordon."

The senator added that the committee report is an alleged product of Gordon's "selective justice" and "twisted logic." "Talagang sumisipsip lang si Sen. Gordon sa kanaygn political patron," he added.

Trillanes cited Gordon's pronouncement that he will recommend the filing of murder charges against self-confessed hitman Edgar Matobato for the killing of alleged terrorist Sali Makdum.

READ MORE...

"On one hand pinaniniwalaan niya (Gordon) ang contention ni Matobato na siya ang nag-abduct kay Sali Makdum, na enough na ire-recommend niya na murder, pero 'di niya pinaniniwalaan ang allegation ni Matobato na si President Duterte ang nasa likod at pag-create ng Davao Death Squad noong siya ay mayor pa," he said.

GORDON LASHES BACK

In a separate News To Go interview, Gordon lashed back at Trillanes.

"I'm sorry that he said that about his fellow senators. I don't know where he comes from and he calls hard work garbage," he said.

He added: "Maybe sa kanya hindi lang mapaunlakan ang gusto niyang palabasin. Hindi kasi abogado eh. Kung gusto mong maipalabas kailangan mapatunayan mo. Kung di mo mapatunayan 'wag mong sasabihing garbage.. Ito nga sasabihin ko sa kanya, it takes one to know one."

Gordon on Tuesday said that the committee has found that the summary killings of drug suspects are not state sponsored.

However, he said the Philippine National Police's Project Tokhang violates rights of drug suspects.

Gordon said the committee report would include recommendations against the bad behavior of Trillanes and Sen. Leila de Lima during the hearings.

Gordon cited Trillanes' decision to allow Matobato to leave the Senate premises without waiting for the committee hearings to finish and De Lima's "material concealment" regarding the kidnapping case filed against the self-confessed hitman.

Trillanes, however, reiterated during the interview that it had been proven that De Lima had disclosed the information in a previous hearing.

"Blatant lie ang sinasabi niya (Gordon) na may material concealment. Nahuli na nga siya eh, nandoon pa nga sa transcript ng Senado ang sinasabi niyang concealment ni De Lima. Siya pa mismo ang nakausap ni Matobato nang isinasalaysay ito," he added. —ALG, GMA News


PHILSTAR

Matobato files murder, crimes against humanity raps vs Duterte (philstar.com) | Updated December 9, 2016 - 11:08am 15 423 googleplus2 1


Jude Sabio, who represents self-confessed Davao Death Squad member Edgar Matobato, speaks to reporters as he files criminal complaints against President Rodrigo Duterte and 27 others for murder and crimes against humanity. Duterte served multiple terms as mayor of Davao City since 1988. Philstar.com / Elizabeth Marcelo [PHNO addendum: Edgar Matobato's lawyer Atty. Jude Sabio at Davao City Hall of Justice this morning to file for reduction of bail | @jervismanahan 6 am Friday December 9 Toronto time.]

MANILA, Philippines — Self-confessed hitman Edgar Matobato filed on Friday complaints against President Rodrigo Duterte and his son, Davao City Vice Mayor Paolo Duterte, for the alleged crimes of murder, torture and kidnapping.

Matobato, who appeared before the Senate Justice committee in September, said he was a member of the Davao Death Squad, which he said was formed when Duterte became city mayor in 1988. What followed was a string of killings of suspected crooks and critics of the local government that he said were done at Duterte's direction.

The president is immune from suit.

"In his affidavit, Matobato said the DDS is responsible for over a thousand murders from 1988 until he left the group sometime in September 2013. He also added the group's main targets were robbers, rapists and other suspected criminals in Davao," Matobato's camp said in a statement.


In this September 2016 file photo, witness Edgar Matobato, who claimed to be a member of the death squad of the then Davao city Mayor Rodrigo Duterte, gestures as he testifies before the Senate's Justice and Human Rights Committee on the killings in President Rodrigo Duterte's "war on drugs." AP

Matobato's lawyer Jude Sabio filed the complaints at the Office of the Ombudsman in Quezon City also accusing Duterte, his son and 26 others of violations of international humanitarian law, genocide and other crimes against humanity.

Also included in the complaint are Philippine National Police Ronald dela Rosa, SPO4 Bienvenido Laud, SPO3 Arthur Lascañas and several other police officers Matobato previously tagged as being behind the so-called Davao Death Squad, or DDS, which targeted criminals and other opponents of Duterte where he served as mayor for two decades.

READ MORE...

"Siya (Duterte) ang nag-uutos sa pagpatay. Kapag kilala ang biktima o big-time, pumupunta si Duterte sa Laud Quarry para siguraduhin na 'yun nga ang target at para manood sa pagchop-chop ng bangkay (Duterte would order the killing. If the victim was someone known, he himself would go to Laud Quarry to confirm the target's identity and to observe the corpse be mutilated)," Matobato said in his affidavit.

Duterte has repeatedly denied his involvement in the Davao Death Squad and his direct links to killings in his city.

Sabio, meanwhile, said another witness will be presented to back Matobato's allegations against the president.

Matobato's complaints came after the Senate justice panel released its conclusion to its months-long inquiry into the rise of killings since the start of Duterte's presidency in July. Sen. Richard Gordon, the panel chair, said the body did not find evidence of state-sponsored extrajudicial killings and of the Davao Death Squad.

Gordon also recommended charging Matobato with perjury for allegedly lying under oath and with kidnapping and murder over the death of Sali Makdum, whom Matobato said the DDS killed in 2002 under Duterte's orders.— Reports by Elizabeth Marcelo

----------------------------------

RELATED FROM THE INQUIRER

Duterte a ‘murderer,’ says De Lima By: Maila Ager - Reporter / @MAgerINQ INQUIRER.net / 11:08 AM December 08, 2016


Philippines' President Rodrigo Duterte AP Photo/Martin Mejia

Without mincing words, Senator Leila de Lima on Thursday called President Rodrigo Duterte a “murderer.”

“People of the Philippines, your President is a murderer,” De Lima said in a statement.

She noted Duterte’s statement Wednesday that he would not abandon the police allegedly involved in the November 5 killing of Albuera Mayor Rolando Espinosa Sr. because it was his order to shoot those who would resist arrest.

READ: Duterte: I won’t allow cops who killed Mayor Espinosa go to jail

“That is an admission that he is the mastermind of such extrajudicial killing (EJK),” the senator said.“That says it all about the EJK phenomenon.”

She added, “Together with Edgar Matobato’s testimony on the Davao Death Squad (DDS), Duterte’s admission seals his fate as the Father of all EJKs, first in Davao City, now throughout the entire Philippines, with the number of his victims now beyond the five thousand mark, and still rising.”

Matobato, who claimed to be a former member of the DDS, has accused Duterte of masterminding the killings in Davao City when the President was still mayor.

“What we now have is a Presidential Death Squad,” [De Lima] said.

De Lima said this also meant that Supt. Marvin Marcos, sacked head of the Criminal Investigation and Detection Group (CIDG) in Eastern Visayas, and some of its members allegedly involved in Espinosa’s killing were part of the “expanded DDS,” which she said is now national in scope and operation.

“Nothing can be clearer than that. What we now have is a Presidential Death Squad,” she said.

The senator said there was no longer any basis to dismiss Matobato’s testimony or to clear the President of his role in the EJKs as shown in the report of the Senate committee on justice and human rights. The committee, along with the committee on public order and dangerous drugs, investigated alleged EJKs in the country.

“Let us pray that our President starts fearing God and respecting the gift of life in this season of love and hope,” the senator added.
The changes in the report prepared by Senator Richard Gordon as chair of the justice committee are now in order, said De Lima, lamenting that she was not allowed to read and sign the report before it was released to the media Wednesday.

“I think this also puts to a close the Senate investigation on who ordered the killing of Mayor Espinosa. Now we all know that the order and command to murder Espinosa in cold blood came from none other than the President himself,” she said.

“God bless us all in this season of Jesus Christ’s birth, to remind us of our humanity as a religious and God-fearing people, whether as Christians or Muslims. Let us pray that our President finally sees the light and puts a stop to all the killings in time for Christmas.”

“Let us pray that our President starts fearing God and respecting the gift of life in this season of love and hope,” the senator added. CBB/rga


QUORA BLOGGERS ONLINE

Can the International Criminal Court prosecute President Duterte for negligence on extra judicial killings?


International Criminal Court prosecutor Fatou Bensouda and President Rodrigo Duterte (Photo from philstar.com/mb.com.ph

4 Answers


1. Maria Marilyn M. Castillo
Maria Marilyn M. Castillo, Freelancer from the Philippines
Written Aug 24

It will help to understand how the ICC works and this material provides enough information, https://www.icc-cpi.int/iccdocs/...

Let me quote this section:

III. Crimes within the jurisdiction of the ICC

27. What are crimes against humanity?

“Crimes against humanity” include any of the following acts committed as part of a widespread or

systematic attack directed against any civilian population, with knowledge of the attack:

• murder;

• extermination;

• enslavement;

• deportation or forcible transfer of population;

• imprisonment;

• torture;

• rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization,

or any other form of sexual violence of comparable gravity;

• persecution against an identifiable group on political, racial, national, ethnic, cultural,

religious or gender grounds;

• enforced disappearance of persons;

• the crime of apartheid;

• other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury

The first on the list may be used against Duterte but you have to understand that the ICC works as a collaborative international body of various countries.

The Philippines (or some portion of the populace) and the UN leadership (or at least the representatives who made a statement about it) cannot bring him to the ICC court without undergoing proper protocol which is also mentioned on the material (jump to section IV. How does the ICC operate)?

2. Ethan James Coronel
Ethan James Coronel, It may be abysmal, but it's still home
Written Aug 23
Simple answer: No.

The ICC should be responsible to further analyse the out-of-control situation of the drug menace in my country and should not put all the blame on Pres Duterte himself.

According to the equally-fierce PNP Chief Bato de la Rosa, most of the extrajudicial killings are the doing of some crime syndicates to prevent their exposure, killing their own subordinates before law enforcement can extract information from them.

And there are currently more brutal and despotic leaders and organisations who truly deserve ICC probes and UNHRC investigations than our president who allows this necessary evil to thrive to save Philippine society from the scourge of drugs.

The way I see it, his enemies are so desperate to usurp his presidency by paying these human rights organisations to be 'concerned'.

Don't believe everything that comes out of our media rife with deception and oligarch-funded journalism! They're there to destroy him for their own selfish, anti-people agenda.

3. Harjo Winoto
Harjo Winoto
Written Aug 27
If I correctly understand the term “extra judicial killings”, it would mean “outside the law”.

There are two things to do before ICC can exercise a jurisdiction.

First, procedural requirement.
The Philippines has signed the Rome Statute therefore it has given effect to the applicability of ICC Statute against a Filipino

Second, the merits requirement.
There are 4 categories of crime within the jurisdiction of the International Criminal Court: genocide, crimes against humanity, war crimes, and crime of aggression. Only genocide requires intent.

One can argue that Duterte has committed a “crime against humanity” under Article 7 Rome Statute, specifically the sub category of murder, extermination, enslavement, torture, enforced disappearance of persons, or other inhumane acts.

However, there is a third “requirement” of sort.
As a president, Duterte enjoys absolute immunity under international law, meaning that no jurisdiction can touch him as he is acting as a state organ/apparatus.

There is a cardinal principle of international law by the saying “sovereign equality” or more impressively coined in Latin as “par in parem non habet imperium”. Meaning no sovereignty can prevail over another. Similarly ICC jurisdiction cannot prevail over the Philippines.

There is a lacunae under international law

“What if Duterte has stepped down as a President, does the ICC have jurisdiction to prosecute him for crime he has committed during his presidency?”

This is the same question directed to George W. Bush and Tony Blair. I don’t know the answer. It is mostly political.

4. Harry Yang
Harry Yang, Thinker and Philosopher
Written Aug 25
Bring lawsuit costs money. Philippines spent $30 million to sue China in international court. Suing Duterte could cost a lot more.

So the question is who is willing to pay for it? and what he/she gets out of it? Maybe ask *Soros?

*PHNO NOTES - FROM WIKIPEDIA
Philanthropy - List of projects supported by George Soros

George Soros  Hungarian: Soros György, born August 12, 1930) is a Hungarian-American business magnate, investor, philanthropist, political activist, and author.

He is chairman of Soros Fund Management. He is known as "The Man Who Broke the Bank of England" because of his short sale of US$10 billion worth of Pound sterling, making him a profit of $1 billion during the 1992 Black Wednesday UK currency crisis.[10][11] Soros is one of the 30 richest people in the world.

Soros has been active as a philanthropist since the 1970s, when he began providing funds to help black students attend the University of Cape Town in apartheid South Africa, and began funding dissident movements behind the Iron Curtain.

Soros' philanthropic funding includes efforts to promote non-violent democratization in the post-Soviet states. These efforts, mostly in Central and Eastern Europe, occur primarily through the Open Society Foundations (originally Open Society Institute or OSI) and national Soros Foundations, which sometimes go under other names (such as the Stefan Batory Foundation in Poland).

As of 2003, PBS estimated that he had given away a total of $4 billion. The OSI says it has spent about $500 million annually in recent years.


George Soros speaks to the LSE alumni society in Malaysia.

------------------------------

RELATED FROM ABS-CBN

Napolcom investigating 1,800 cops with alleged drug links Kimberly Jane Tan, ABS-CBN News Posted at Dec 10 2016 09:17 PM | Updated as of Dec 11 2016 12:08 AM

The National Police Commission (Napolcom) is investigating some 1,800 police officers for alleged links to the illegal drug trade, an official said Saturday.

Napolcom vice-chairman and executive officer Rogelio Casurao said the commission is acting on information tipped off by intelligence agencies.

"Medyo marami na rin po ang nasa listahan ngayon. In fact ito nga po ang kinabi-busyhan ng Napolcom," he said on DZMM.
(There are quite a lot on the list right now. In fact, this is the reason the Napolcom has been busy.)

Casurao said his office is trying to go through the list as fast as it can.

The number is nearly double the one previously mentioned by President Rodrigo Duterte, who said about 1,000 policemen are involved in drugs.

The list Duterte talked about in July named five top police officials allegedly involved in the protection of drug rings.

In August, the president said he has a list of 159 alleged drug coddlers from law-enforcement agencies, other executive offices and the judiciary.

DUTERTE'S LIST: 'Narco' politicos, lawmen, judges

In September, Duterte apologized over the inclusion of several names in his controversial drug matrix, even clearing some of those he earlier tagged as officials linked to the drug trade.


PHILSTAR

Ombudsman to inhibit from Matobato complaint vs Rody By Elizabeth Marcelo (The Philippine Star) | Updated December 11, 2016 - 12:00am 0 0 googleplus0 0


“I’m taking no part in all cases against Duterte,” Edgar Morales told reporters during the sidelines of an anti-corruption forum in Quezon City Friday. She is the aunt-in-law of Davao City mayor Sara Duterte, the President’s daughter. AP/Aaron Favila, file photo

MANILA, Philippines - Ombudsman Conchita Carpio-Morales will inhibit from the investigation on the complaint filed by self-confessed hitman Edgar Matobato against President Duterte and 27 other individuals.

“I’m taking no part in all cases against Duterte,” Morales told reporters during the sidelines of an anti-corruption forum in Quezon City Friday.

She is the aunt-in-law of Davao City mayor Sara Duterte, the President’s daughter.


Sara Duterte takes a selfie with husband Mans Carpio in a Facebook post from July 2014. Morales is the sister of Atty. Lucas Carpio, Jr., husband of Court of Appeals Justice Agnes Reyes Carpio. Agnes and Lucas are the parents of Sara Duterte's husband, Mans Carpio. ABS-CBN  Photo from Sara Duterte-Carpio's Facebook page. "

“I take no part in cases against him and his family,” Morales reiterated, citing as example her inhibition from a previous investigation on the so-called Davao Death Squad (DDS) by the Office of the Ombudsman for Luzon.

READ MORE...

On Friday, Matobato, through lawyer Jude Josue Sabio, filed before the anti-graft office a complaint against the President and son Davao City vice mayor Paolo Duterte for murder, torture, kidnapping and other crimes against humanity.

Also included in the charge are Philippine National Police chief Director General Ronald dela Rosa and 25 other individuals, most of whom are former and incumbent police officers.

Sabio told The STAR that he would submit next week the affidavit of a former “ghost employee” of the Davao City government.

The witness he refused to name “used to be friends” with the President and is willing to testify on the alleged extrajudicial killings when Duterte was still the city mayor.

“He used to be close to Mayor Duterte. His testimony is about the incident he personally witnessed in May 2012 where he saw Duterte personally shoot and kill someone,” Sabio said in Filipino.

He added that the affidavit of the new witness would bolster Matobato’s complaint.

“The testimony of this witness is a direct, positive eye witness account that proves President Duterte killed people. Duterte cannot take back or dismiss as joke his earlier statements that he killed some criminals,” Sabio said.

The lawyer refused to elaborate why the witness was present during the alleged execution as it may allow Duterte’s camp to figure out who this person is.

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RELATED FROM N PHILSTAR

Palace: Matobato complaint filed to harass, distract Duterte By Patricia Lourdes Viray (philstar.com) | Updated December 9, 2016 - 2:43pm 1 63 googleplus0 0


Self-confessed hitman Edgar Matobato filed complaints against President Rodrigo Duterte for alleged crimes of murder, torture and kidnapping. AP Photo/Aaron Favila, File

MANILA, Philippines — The complaint that self-confessed hitman Edgar Matobato filed against President Rodrigo Duterte is only aimed to distract the chief executive from his duties, Malacañang said Friday.

"The complaint is nothing but harassment," Presidential Communications Office Assistant Secretary Ana Marie Banaag said in a statement.

Matobato has filed complaints against Duterte and his son, Davao City Vice Mayor Paolo Duterte, for the alleged crimes of murder, torture and kidnapping.

Banaag stressed that the president is immune from suit.

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BANAAG

"It is noteworthy to mention that the ombudsman cannot discipline or remove impeachable officials, which include the president," Banaag said in a statement.

Banaag also noted that the Office of the Ombudsman had earlier terminated an investigation on the Davao Death Squad and Duterte's alleged links to it.

"However, we acknowledge the constitutional mandate of the Office of the Ombudsman to act on and investigate complaints against government officials," Banaag said.

During the Senate inquiry on extrajudicial killings in September, Matobato claimed that he was a member of the Davao Death Squad.

Matobato also claimed that Duterte formed the group when he became Davao City mayor in 1988.


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