Former President Rodrigo Duterte takes his oath before the start of the Senate Blue Ribbon Committee hearing on extrajudicial killings and alleged human rights violations in the Duterte administration’s war on drugs. Maria Tan, ABS-CBN News/FILE

MANILA — The executive branch should team up with the Commission on Human Rights to build a case against former President Rodrigo Duterte, a former president of the Integrated Bar of the Philippines (IBP) said Saturday as he pointed out that congressional hearings are meant to be in aid of legislation.

The Senate, in response to hearings at the House, last Monday opened an inquiry into the Duterte administration's war on drugs. Duterte attended the Senate hearing and made statements that have been seen as "admissions" but which his allies have said were just jokes.

"Ang kinakailangan siguro ngayon 'yung kapulisan, 'yung [National Bureau of Investigation], 'yung CHR, at ang [Department of Justice] magtulong-tulungan to build up a case. Kasi malinaw na ang pag-aamin niya [Duterte] e," former IBP president Domingo Cayosa stressed in an interview on Teleradyo Serbisyo.

(I think it is time for the police, the NBI, the CHR and the DOJ to work together to build up a case. Because he clearly made admissions at the hearing)

The CHR is an independent constitutional commission and does not have the power to prosecute cases but can document cases and recommend charges. It has been largely shut out of government reviews of cases of drug-related killings.

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Cayosa, IBP president from 2019 to 2012, said Duterte's testimonies can be used to file for civil damages — which he said are easier to prove — or for criminal cases.

He also urged the law enforcement agencies and CHR to start connecting the dots to file a case, and no longer wait for lawmakers' next moves.

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"Hindi sila fiscal, prosecutor... They can study but 'yung kapulisan, NBI CHR, DOJ [ang dapat] mag-tulong to build up a case," he said of members of Congress.

(They are not fiscals, prosecutors... They can study but it is the NBI, CHR, DOJ who should work together to build up a case)

Senate President Francis "Chiz" Escudero has called on families of alleged extrajudicial killings to file raps against Duterte, while two other congressional leaders believe the past leader's testimonies can be used to charge him with crimes against humanity in a Philippine court.

"May pag-aamin na e. Plus ang ebidensya ay nasa pulisya dahil alam naman na nila kung ano ang nangyari. Sila 'yung mga nautusan at alam nila kung sino ang nag-utos," Cayosa said.

(There was an admission and the police have the evidence because they know what happened. They were the ones who implemented the instructions and they know who gave the instructions)

He said that the police can show that it is a "new PNP" as part of President Ferdinand Marcos Jr.'s "Bagong Pilipinas" branding by helping with the investigation.

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"[Sabi] Bagong PNP na ito, edi gawin ninyo," he stated. 

(They say they are a 'New PNP', so do it)

The PNP has announced an investigation into allegations that members of the police were part of the so-called Davao Death Squads, which Duterte said chiefs of police were part of.

Sen. Ronald "Bato" Dela Rosa, a former Davao City police chief and former PNP chief, has said Duterte was just joking when he said that.

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"'Yung mag-utos ka para palabanin 'yung mga suspect, para pagbabarilin, joke 'yan? Kailan naging joke 'yung murder o EJK? Buti sana kung isa lang, e 6,000 to 30,000 sa dami ng kababayang sinabing nanlaban e hindi naman pala," Cayosa said.

(Telling police to make a suspect fight back so they can be shot, how can that be a joke? How can murder or EJKs be a joke? We can understand an isolated case, but 6,000 to 30,000 killed for 'fighting back' when they didn't?)

• Dela Rosa says Duterte’s statements under oath were just jokes

The PNP has acknowledged more than 6,000 deaths in anti-drug operations but human rights groups estimate the death toll to be much higher than recorded in official data.

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"Hindi ho p'wede 'yang ganyang pananalita na joke-joke, hindi ho totoo 'yan and it doesn't stand in court," he added.

(We cannot say these things are just jokes, that will not stand in court)

He said that Duterte's statements over his role on alleged EJKs is a challenge to the country's justice system.

"So it is an open challenge. It is an indictment of our criminal justice system," he said adding Duterte, a lawyer and a former city prosecutor, left himself "avenues" to skirt accountability.

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"If this will go unpunished, mawawalan ng tiwala ang mga tao sa justice system. Mauulit ito kung sino man ang namumuno," he said,

(If this will go unpunished, people will lose faith in the justice system and these killings could happen again)

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