PRESIDENT Rodrigo Duterte's controversial statement that extrajudicial killings were his "only sin" could not be cited as a ground for impeachment, as it is not equivalent to an admission of a criminal act, Malacañang said on Monday, October 1.
Presidential Spokesperson Harry Roque Jr. said it was "simply" wrong for law expert Antonio La Viña to assume that the President's remark about extrajudicial killings could serve as an impeachable offense.
"He (La Viña) is simply wrong. He is not specialist in the field. He's wrong," Roque told a press conference, when sought for reaction on La Viña's statement that Duterte's supposed admission of being guilty of extrajudicial killing of drug suspects could be used as basis for impeachment.
"It presupposes that our judicial system is not working in the first place. Number two, it presupposed that the President actually admitted to murder. Did he? Not by virtue of the context of what he said," he added.
La Viña, former dean of the Ateneo School of Government, said in a radio interview on Sunday, September 30, that Duterte could be held liable for culpable violation of the Constitution for allegedly admitting to extrajudicial killings.
On Thursday, September 27, the Chief Executive said he told the military: Did I steal money? Even just one peso? Did I prosecute somebody I sent to jail? Ang kasalanan ko lang yung mga extrajudicial killing (My only sin are the extrajudicial killings).
Roque challenged La Viña to file an impeachment complaint, but he said such would not prosper because it is "utterly bereft of merit."
"Let him (La Viña) start [the filing of impeachment case against Duterte]. He cannot vote because he's not a member of Congress. And I'm sure it will also be dismissed by Congress not because it's a political process but because it's utterly bereft of merit," he said.
Under the 1987 Constitution, impeachable offenses include culpable violation of the Constitution, treason, bribery, graft, corruption, other high crimes, or betrayal of public trust.
In 2017, Duterte faced an impeachment complaint before the House of Representatives because of the alleged state-sanctioned killings in the anti-narcotics drive. The complaint, however, was dismissed for lack of substance.
The President is covered by a one-year bar against another impeachment complaint provided under the Constitution, since the previous petition lodged against him was dismissed.
Duterte's remarks came a month after families of alleged victims of extrajudicial killings filed a communication before the International Criminal Court (ICC), accusing him of committing crimes against humanity, in connection with his deadly drug war.
La Viña said the "highest and strongest" evidence against Duterte came directly from the President's mouth.
He emphasized that Duterte's admission could boost the pending communication before the ICC.
Roque defended the Chief Executive, saying the latter only wanted to stress that "people do criticize (him) for extrajudicial killings."
"I am at a very least amused at the statement of some of the critics of the President saying that this declaration on so-called admission will bolster their complaint in the ICC. I'd like to reiterate that there is no pending preliminary investigation in the ICC as of yet. What is pending only is a communication addressed to the prosecutor," Duterte's mouthpiece said.
"The President was not admitting to murder. Number two, before it can be admitted, it presupposes that the international criminal court already has jurisdiction. I reiterate, because of the principle of complementarity, the ICC can only have jurisdiction if our courts, our prosecutors, are unable or unwilling to exercise jurisdiction," Roque added. (SunStar Philippines)
