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Know Your Rights 4: Salvaging

August 27, 2016August 27, 2016 mcmangahas

* Inilathala ng Free Legal Assistance Group (FLAG)
* Isinalin sa Filipino ng Philippine Center for Investigative Journalism (PCIJ)

Know Your Rights 4-1

KUNG ANG PANIWALA MO AY HUHULIHIN KA O ISA-SALVAGE
IF YOU BELIEVE THAT YOU WILL BE ARRESTED OR SALVAGED

Gawin ang mga sumusunod na hakbang pag-iingat:

* Huwag lumabas ng bahay na nag-iisa. Ang mga kaso ng disappearance at salvaging o extrajudicial killing ay dumarami kapag walang witness na pwedeng tumestigo ukol sa paghuli sa mga biktima.

* Iwasan ang mga kugar kung saan walang nakakakilala sa iyo.

* Huwag manatiling nag-iisa sa bahay o saan mang lugar.

* Sabihan ang iyong pamilya at mga kaibigan na may posibilidad na ikaw ay ma-aresto at kung ano ang dapat nilang gawin sakaling mangyari ito. Sabihan sila kung sino ang dapat hingan ng tulong, paano sila ma-kontak, at kung saan-saan ka dapat hanapin.

* Bago lumabas ng bahay, sabihan ang iyong pamilya ang mga kaibigan kung saan ka pupunta, kanino ka makikipagkita, gaano katagal kang mawawala, at kung ano ang dapat nilang gawin sakaling hindi ka makabalik sa oras, o hindi makarating sa iyong destinasyon o appointment. Kung may cell phone ka, mag-text sa mga kaibigan at pamilya para malaman nilang nakarating ka na sa iyong detsinasyon at allis muli sa susnod na apppintment.

* Kapag lumalabas ng bahay, palagiang magdala ng sapat nd identification cards, at iwasang magbiibit ng anumang delikadong bagay na maaring ituring na incriminating.

* Sakaling ikaw ay arestuhin, tiyakin na alam ng mga tao sa paligid na ikaw ay inaaresto at kung sino-sino ang umaaresto sa iyo. Kung kakailangan, sumigaw o gumwa ng eksena upang maakit angpansin ng mga tao sa paligid na ikaw ay inaaresto. Kung may cellphone ka, tumawag o mag-text sa iyong pamilya, mga kaibigan, at abogado upang malaman nila na ikaw ay inaaresto.

* Ang nga kaso ng disappearance o salvaging ay maaring mabawasan kung masasamahan o masusundan ka ng iyong pamilya, mga kaibigan, at mga tao sa paligid matapos na ikaw ay maaresto. Sa ganitong paraan, malalaman ng mga pulis na marami ang may alam na ikaw ay nahuli at mahalaga sa kanila ang iyong kaligtasan. Agad-agad, sabihan ang iyong abogado o isang respetadong miyembro sa lokalidad (pari, guro, doktor, civic leader) kung ano ang nagyari, at hilingin na mabilisang dumalaw sila sa iyo.

* Habang nakakulong na, dapat na bisitahin ka agad-agad ng iyong pamilya at mga kaibigan at padalhan ng mga gamit (pagkain, babasahin, gamot, damit, atbp) sa mga araw na bawal silang bumisita, Huwag pumayag na mailabas ka ng detention center nang walang kasamang abogado o miyembro ng pamilya mo.

* Kahit na may matibay kang impormasyon na huhulihin o isa-salvage ka na, hindi dapat magtago. Mas mainam na papuntahin ang iyong abugado o iba pang responsableng kinatawan upang magtanong kung meron ngang warrant of arrest para sa iyo, at upang humiling ng appointment na maiharap ka ng personal sa mga otoridad, nang may sapat na garantiya sa iyong kaligtasan.

Samantala, ihanda ang sarili — aralin nang lubos ang iyong mga karapatan, alamin kung ano ang dapat mong gawin sakaling ikaw ay mahuli, at siguruhing ikaw ay ligtas at protektado ang iyong mga karapatan.

IF YOU BELIEVE THAT YOU WILL BE ARRESTED OR SALVAGED

Take the following precautions:
* Do not go out alone. The risk of enforced disappearance and extrajudicial execution or “salvaging” increases if no one witnesses or is willing to testify to the arrest of the person who disappeared or was salvaged.
* Avoid going to places where no one knows you.
* Do not stay at home or elsewhere alone.
* Tell your family or friends of the possibility of your being arrested, and what to do in case you are arrested. Tell them specifically who to run to for help, how to get in touch with them, and where to search for you.
* Before going out, tell your family or friends where you are going, whom you will see, why, how long you expect to be out, and what to do if you fail to return on time, or fail to reach your destination or keep your appointment. If you own a cell phone, send a text message to your friends or family informing them that you have reached your destination and are proceeding to your next appointment.
* When you go out, always carry adequate identification, and avoid carrying anything that could be construed as incriminating.
* In case you are being arrested, see to it that people know that you are being arrested and by whom. If necessary, shout or make a scene to attract attention to your arrest. If you own a cell phone, call or send a text message to your family, friends, and lawyers to inform them that you are being arrested.
* Disappearances and salvaging can be prevented or minimized if your family, friends or even bystanders will accompany or follow you and your arresting officers to learn where you are being taken and to show concern over your safety. As soon as possible, they should notify a lawyer or respected member of the community (a priest, teacher, doctor, or civic leader) who, in turn, should try to visit you immediately.
* During detention, your family and friends should visit you as often as possible, and send things to you (food, magazine, medicines, clothes, etc.) on days they cannot or are not allowed to visit. Never agree to be taken out of jail or the detention center by anyone unless accompanied by your lawyer or a member of your family.
* Even if you have reliable information that there is a plan to arrest or salvage you, it is not advisable to go into hiding. Instead, request your lawyer or other responsible person to inquire if there is a warrant for your arrest, and if there is, to arrange for you to present yourself to the proper authorities under adequate guarantee for your safety. Meanwhile, prepare yourself by reviewing your rights and deciding what you will do if you are arrested, to protect your safety and enforce your rights.

Know your Rights 3: Arrests

August 27, 2016August 27, 2016 mcmangahas

* Inilathala ng Free Legal Assistance Group (FLAG)
* Isinalin sa Filipino ng Philippine Center for Investigative Journalism (PCIJ)

Know Your Rights 3-1

KAPAG IKAW AY INAARESTO

TANDAAN

* Kumalma lang. Ang pagka-aresto ay hindi katapusan ng mundo. Tumutok sa bawat pangyayaring nagaganap upang mabawasan ang pangamba, at huwag mag-alala sa mga kung ano ang susunod na mangyayari.

* Humiling sa isang kamag-anak, kaibigan, o taong di kilala (kunin ang pangalan at address) na maging witness sa paghuli sa iyo. Kung may cell phone, mag-text sa iyong pamilya, mga kaibigan, at abogado, para malaman nilang ikaw ay inaaresto. Tawagan sila at hayaan buhay ang linya ng telepono upang madinig nila ang nangyaryari.

* Kunin ang pangalan, opisyal na position, opisina at unit, ng mga tao na umaaresto sa iyo.

* Hingin ang kopya ng kanilang warrant of arrest para sa iyo at suriin itong mabuti. Alamin kung tumpak ang pangngalan mo na nakasulat sa warrant at kung ano ang paglabag sa batas na dahilan ng pag-aresto sa iyo.

* Kung may mali o depekto ang warrant, ipahayag ang iyong pagtutol pero huwag pumalag o gumamit ng dahas.

* Kung ikaw ay ligal na inaaresto, maaring kang kapkapan para sa posiblen deadly weapons or anuman bagay na dala mo na maaring gamiting katibayan para sa krimen na dahilan kung bakit ka inaaresto.

* Alamin sa iyong arresting officer kung saan ka dadalhin. Pilitin na dapat ay may kasama kang kamag-anak, kaibigan o di-kilalang tao na naka-witness ng iyong pag-aresto. Sabihin sa arresting officer na ito ay para na rin sa proteksyon ninyong dalawa.

* Hilingin na payagan kang tumawag sa iyong abogado; kapag tumanggi, sabihan ang iyong kamag-anak, kaibigan, o ibang witness sa iyong pagka-aretso na sila ang tumwag sa iyong abogado. Ipaalam sa iyong abogado ang mga pangyayari, ang pangaan ng iyong arresting officers, ang dahilan ng iyong pagka-aresto, at kung saan ka dadalhin ng arresting team.

* Sa lahat ng pagkakataon, huwag tutulan ng pisikal ang pag-aresto sa iyo. Ipahayag na ikaw ay tutol sa iyong pagka-aresto wala kang waiver o pagtalikod na gagawin sa lahat ng karapatan mo, at sasama ka nang mahihahon sa arresting team para iwasan ang karahasan.

* Kung ang humuhuli sa iyo ay naasuot sibilyan o hindi unipormado, or tumatangging ibigay ang kanilang pangalan, o walang maipakita na warrant of arrest, huwag sumama sa kanila. Hilingin na tunawag ka ng pulis upang maklaro ang kanilang otoridad. Ayon sa batas, ang mga arresting officer ay dapat naka-uniporme, maayos ang kumilos, at may paggalang sa mga karapatan at dignidad ng kanilang aarestuhin. Kung ang arresting officer ay lumalabag sa mga ito, huwag mag-cooperate sa kanila pero huwag ding gumamit ng dahas. Hayaang bitbitin ka nila, magsisigaw at humingi ng tulong, mag-eksena upang tumawag pansin ng mga kapitbahay at mga nagdaraan. Tandaan ang lahat ng paglabag sa iyong mga karapatan at sa unang pagkakataon na makaharap sa judge o piskal/public prosecutor, mag-report at ikwento ang mga naganap.

* Kung ikaw ay sinabihan ng mga police officer hindi ka hinuhuli pero iniimbita lang for “questioning”, sagutin na kailangan mo munang kumonsulta sa iyong abogado. Gawin ito at sabihan ang iyong abogado na kausapin ang mga officer at itakda ang oras, petsa, at lugar kung saan pwedeng maganap ang questioning. Kung hindi ka payagan na kumonsulta sa iyong abogado, huwag sumama sa mgaofficer. Kapag pinilit ka nila, ang magaganap ay isang pag-aresto na rin.

* Ang pangkalahatang probisyon ng batas ay pwede ka lang ma-aresto kung mayroong valid na warrant of arrest na galing sa isang competent court. Gayunman, may tatlong exception sa probisyong ito ng batas:

– Kung ikaw ay may ginawa, o ginagawa, o nagbabalak gumawa ng krimen, sa harap mismo ng arresting officer;

– Kung may krimen or pglabag sa batas naganap pa lang at ang arresting officer ay may dahilan, batay sa personal na kaalaman sa mga facts at circumstances ng nangyari, na may probable cause na ikaw ang maysala;

– Kung ikaw ay tumakas mula sa kulungan o habang inililipat mula sa kulungan.

ULITIN NATIN: MAGING MAHINAHON.

Mag-concentrate sa mga nangayayari. Huwag mangamba ng lubos sa mga kung ano ang susunod na mangyayari. Maaring ang iyong kinatatakutan ay kathang-isip lang. Huwag mag-alala kung malimutan mo ang lahat ng mga payong ito. Hindi lahat ay pwedeng maganap ng perpekto. Maipagtatanggol mo ang iyong mga karapatan kung ikaw ay kalmado at malinaw ang kaisipan.

Know Your Rights 3-6

IF YOU ARE BEING ARRESTED

Remember:
* Stay calm. Being arrested is not the end of the world. Some apprehension is unavoidable but you can reduce this by concentrating on each event as it happens, and not letting your imagination run wild about what will happen next.
* Ask a relative or friend or even a stranger (get the name and address) to witness your arrest. If you own a cell phone, send a text message to your family, friends, and lawyer informing them that you are being arrested. You may also call your family, friends, and lawyer so they may listen in on your arrest.
* Ask the person or persons arresting you for their names, their official positions, and the office or unit they belong to.
* Ask for a copy of their authority to arrest you and examine it carefully. Note particularly if you are correctly named in the warrant of arrest, and the offense for which you are being arrested.
* If there is any defect in the warrant, register your objection to being arrested but do not resist or use force.
* If you are lawfully arrested, you may be searched for dangerous weapons or anything, which may be used as proof that you committed the crime for which you are being arrested.
* Inquire from your arresting officer where you will be taken. Ask that you be accompanied by the relative, friend or stranger who witnessed your arrest. Assure the arresting officers that this is for their protection as well as yours.
* Ask to be allowed to telephone your lawyers; if denied, ask your relative, friend or other witness to your arrest, to do so. Inform your lawyer of your arrest, the identity of the arresting officers, the cause of your arrest, and where you will be taken.
* Do not, at any time, offer any physical resistance to the arrest. State that you object to your arrest and are not waiving any of your rights, but are going peacefully in order to avoid violence.
* If the persons making the arrest are in civilian clothes, or refuse to give their names or show any warrant of arrest, refuse to go with them. Ask them to let you call for a policeman to verify their authority. Do not agree to being blindfolded. The law requires arresting officers to be properly dressed, to behave properly, and to respect your rights and your dignity. If the arresting officers violate these requirements, do not cooperate, but do not use violence either. Make them carry you out, shout for help, create a scene so that your neighbors and other passersby may notice what is happening. Remember all violations of your rights and complain about them at the first opportunity after your arrest, when you are presented to a judge or fiscal/public prosecutor.
* If you are told that you are not being arrested but merely invited for questioning, reply that you will consult your lawyer first. Do so, then get your lawyer to talk to the officers and arrange a date, time, and place for your questioning. If they do not allow you to consult your lawyer, refuse to go along with them. If they insist, their acts become an arrest and the preceding advice applies.
* The general rule is that you can only be arrested upon proper warrant of arrest issued by a competent court. However, there are three exceptions to this rule:
– When you have committed, are actually committing, or attempting to commit a crime in the presence of the arresting officer;
– When an offense has just been committed and the arresting officer has probable cause to believe based on personal knowledge of facts and circumstances that you committed the offense;
– When you have escaped from prison or detention or while being transferred from one confinement to another.
REPEAT: REMAIN CALM. Concentrate on what is happening now. Do not imagine what will happen next. Many of your fears are self-created. Above all, do not worry if you forgot to do any of the things listed above. They are counsels of perfection, not always attainable. As long as you remain calm and collected, you will be able to protect your rights.

Now, it’s media’s fault

August 24, 2016August 24, 2016 Ellen

Foreign Secretary Perfecto Yasay with President Duterte

In trying to control the damage wrought by the President Duterte’s verbal rampage against the United Nations in the early hours Sunday, Foreign Secretary Perfecto Yasay on Monday chose to put the blame on media.

“It was done in the wee hours of the morning and he was very tired, “ Yasay said adding that the President “ already ended up the press conference … but the press were still leading him with a lot of questions, so it is in this context that he made this statements.”

Whose choice was it to hold the press conference at 1 a.m., Sunday? Why should the reporters be blamed for asking the questions at those unholy hours which the President earlier said was his normal working hours. Didn’t he say that he sleeps mornings and starts his day at 1 p.m.?

The President’s statement that made the headlines the next day was “Maybe we just have to decide to separate from the United Nations…Kung ganyan kayo kabastos eh umalis na kami diyan sa inyo.”

He said as a member the Philippines contributes for the maintenance of the international organization. “You return the money to us and we’ll go out. With that amount, I can build so many, rehab centers all over the country.”

Actually, the media just picked up the milder quotes of the President’s tirades against the U.N. officials – Agnes Callamard, Special Rapporteur on summary executions and Dainius Pūras, Special Rapporteur on the right to health, who have expressed alarm over the rising number of killings related to Duterte’s anti-illegal drugs campaign.

Duterte said it was “bastos (rude)” of the U.N. rapporteurs to criticize him publicly based on what they read in newspapers and tabloids. He further called them “Tangina mo. gago. Ulol”

Yasay said, “The president was tired, disappointed, hungry when he made the statement. We must give him leeway. He is also human.”

It was another media-bashing at the Senate with Sen. Alan Peter Cayetano scoring media for the portrayal of the Philippines as ‘‘Wild Wild West” by international press.

”Grabe ang tama sa media na as if Wild Wild West tayo,” Cayetano said in his opening statement during the Senate’s inquiry into extrajudicial killings in connection with Duterte’s war against illegal drugs.

The rising number of killings related to Duterte’s intensified was against illegal drugs has been covered by international media including Time Magazine, New York Times, Washington Post, The Guardian, and CNN.

Cayetano blasted at media putting up “kill lists,” a daily monitoring of drug-related killings. He said media ignores the positive effects of the government’s anti-drug campaign.

The senator, who was the running mate of Duterte in the last elections cited the statement of the President and Police Chief Ronald ‘Bato’ Dela Rosa saying “Ayoko ng EJKs ” but in the report, “Pero sa interviews, mga kapatid sa media, panay ang report n’yo na gusto ng pangulo at ng PNP ng EJKs.”

“Be fair,” Cayetano exhorted media.

Sen.Alan Peter Cayetano at the Senate hearing on EJKs

The National Union of Journalists of the Philippines, in a statement, said “Cayetano’s allegations that media have been playing loose with the numbers have been dispelled by no less than PNP Director General Ronald dela Rosa who presented statistics showing that, if media have erred in counting the cost of the drug war, it is by being on the low and not, going by what the good senator would like to insinuate, on the high, side.”

Senator Alan Peter Cayetano protested too much when he insinuates that media have been blowing up the rash of killings that have accompanied the Duterte administration’s war on drugs or worse, are embarked on a campaign to tar the present dispensation, as he did yesterday, August 22, in remarks he made during the Senate hearing into the deaths that have accompanied the anti-drug campaign.

NUJP pointed out that, “During the August 18 hearing into the drug-related killings, Dela Rosa said that the death toll from July 1 to August 15 was 665 in police operations and 899 others ‘under investigation,’ including the vigilante-style extrajudicial killings whose victims, bodies wrapped in tape and/or with placards around their necks trumpeting their alleged crimes, have been dumped in the streets all too regularly.

“In Monday’s hearing, Dela Rosa said the death toll had risen to 1,779 (712 in police operations, 1,067 allegedly by vigilantes) as of that day, slightly more than a thousand of these ‘under investigation,’ or, going by his own figures, a jump of more than a hundred in a weeks’ time.”

NUJP Chairman Ryan Rosauro said Cayetano practically accused ABS-CBN and the Philippine Daily Inquirer of wanting to tar the administration by running the s “kill list.”

“But what would Mr. Cayetano have the media do, play blind as the bodies pile up and go along with the canard to declare all who have died, including the innocent — and yes, there have been innocents — guilty as alleged and, thus, deserving of their fate sans due process as our laws and the very principle of rule of law that this administration wishes, and rightly so, to restore?,” Rosauro asked.

“Sadly, like Justice Secretary Vataliano Aguirre before him, Mr. Cayetano also irresponsibly raises the claim, without proffering an iota of evidence, that media are among those being bought off with drug money supposedly to discredit the administration,” NUJP said.

“Again, we reiterate that such allegations, without any proof, not only serve to unjustly cast a pall of suspicion over the Philippine media and, in particular, the journalists who toil on the front lines but, much worse, put lives in danger, not only should those behind the growing plague of drug-related murders see it fit to include us as targets, but also by providing a convenient cover for those who would silence an independent press and have already claimed a horrendous toll of more than 170 from our profession’s ranks since 1986,” the journalists’ group further said.

Duterte and his officials should not give too much credit to media.

Media merely mirrors reality on the ground. Your image is your own making.

Church leaders to Duterte: Life is precious, respect human rights

August 22, 2016August 22, 2016 Davinci Maru

Church leaders in the Philippines are calling on President Rodrigo Duterte to “examine the correctness of its approach” in eradicating the illegal drug trade.

“The campaign can continue without violating people’s rights and keeping all actions within the parameters of the law,” read a statement by the Ecumenical Bishops Forum (EBF). Below is the full statement:

Statement on the President’s Campaign versus Illegal Drugs, Criminality and Corruption
We laud President Rodrigo Roa Duterte on his serious campaign versus illegal drugs, criminality and corruption, his election campaign promise which he will do in three to six month-time of his term. The promise is getting fulfilled.
Even before President Rody formally assumed office, the Philippine National Police (PNP) has started rounding up known illegal drug users and pushers in Metro Manila. Today, more than one month after the President’s inauguration on June 30, hundreds had been killed, hundreds more were arrested and jailed, and thousands voluntarily surrendered. All of them are said to be small time users and pushers, and, as human rights advocates say, are poor people.
However, on July 5, the President unexpectedly named five former and incumbent police generals who are illegal drug protectors. This was followed by an announcement on August 7 of 159 local government officials (mayors, former mayors, and former vice mayors) incumbent and former police and military officers, and incumbent and former judges who are linked to illegal drugs trade. He claims more names will follow.
The big time drug lords, the President says, are in other countries like China and Mexico from where they direct their operations, and it is difficult if not impossible to run after them.
The PNP chief, Police General Ronald “Bato” dela Rosa, claims that crime have gone down, indicating that most crime are drug related. Thus the war on drugs is also a war against criminality.
This may be true as far petty crime such as bag-snatching, child molestation, rape, rape with homicide and murder, “akyat bahay” theft, hold-ups and the likes are concerned. Big crimes such as bank robberies, pyramiding scam, illegal recruitment, cyber-crimes, break-in in malls and the likes continue unabated.
Steps in curbing corruption in government have been started. Among the measures are the signing of the Executive Order on Freedom of Information which covers the executive department and the order to shorten the processing of applications in government offices. More serious and lasting measures still have to be done.
Given the number of days in office of the new administration, its campaign against illegal drugs, criminality and corruption may be considered a success thus far. We congratulate the President for this, and pledge our support for his sincere efforts to address the present situation.
While we believe and support President Duterte’s war on drugs, there is a need for deeper analysis why the drug problem is thriving and who benefit from this. There is also need for the present administration to examine the correctness of its approach in eliminating this menace. The extra-judicial killings that are happening, we believe, won’t solve that problem but exacerbate it as most of those killed are small time and poor people. The suspected five police generals and government officials seem to be getting a special privilege; they remain very much alive.
We wish to caution the President, then, to respect the human rights of the people. Life which came from the Creator is precious; it has to be preserved as much as possible. The campaign can continue without violating people’s rights and keeping all actions within the parameters of the law.
We bid the President success in his drug campaign in particular, and in his administration in general. His success is the Filipino people’s success.

Well- meaning warning to the President from an ally

August 17, 2016August 17, 2016 Ellen

(Quote on immunity from suits starts at 17:40 mins)

In many of his speeches , President Rodrigo Duterte flaunts his immunity from suits as an armor amid mounting concerns about the extra-judicial killings in his campaign against illegal drugs.

In a speech before troops at Camp Gen. Macario B. Peralta, JR, Jamindan, Capiz last Aug. 5, he said, “Ang Presidente, hindi mo ma-demanda. ..mag-order ako ng patay, you cannot arrest me, may immunity ako.”

It’s not only those dealing with illegal drugs that he wants killed but all those he believes pose obstructions to his desire to improve the lives of the Filipino people.

While visiting the V. Luna AFP Medical Center, last Aug. 2, he expressed frustration over the refusal of some business owners to stop “Endo” – the distortion of contractualization where workers’ employment is terminated at the fifth month before the end of the six-month probationary period to avoid making the workers permanent employees entitled to labor benefits.

Pres. Duterte talking to the troops at Camp M. Peralta in Jamindan, Capiz.

Duterte said: “Ako mag-warning lang: Stop contractualization or patayin kita. You know why kaya ako magsalita ng ganun ang Presidente? While I am here, may immunity ako.”

During the Mindanao summit early this month, he said he is looking for a “killer” to head the the Philippine Charity Sweepstakes Office, which he said is corruption-riddled. “I’d like to give you a warning: Do not F.. with me. I cannot pronounce the exact word, just the F and C. Don’t dare me. As President, I have the immunity from civil or criminal. If I lose my patience, I’ll call and shoot you,” he said.

Duterte’s immunity from suits is only during his incumbency as president. After June 30, 2022, he becomes fair game to those who want to haul him into court.

Duterte said he is not worried and directed people to the Revised Penal Code: “Ang sabi ng Revised Penal Code, pagdating ng 70, i-release ka na. All persons upon reaching the age.. mandatory ilabas. 71 na ako. Pagkatapos ko Presidente, 77. Saan mo ko ilagay? O ‘di wala naman,” he said to the amusement of the soldiers listening.

Lawyer Raymond Fortun corrected the President.

Atty. Raymond Fortun

In a Facebook post, Fortun said, “With all due respect to the President, he is wrong here.”

Fortun explained that, “ Age is merely a mitigating circumstance. (Art. 13, Sec. 2, RPC). It does not mean that he cannot be charged and, if found convicted, cannot serve his sentence in a jail.

“Being 70 years of age merely reduces the penalty to its minimum (or, if there are other mitigating circumstances, by 1 to 2 degrees lower),” the lawyer further said.

Fortun gave as an example former senator Juan Ponce Enrile who was charged and imprisoned for plunder at the age of 90. He was later allowed to post bail for humanitarian reason.

Philippine incumbent presidents are protected by the Constitution in order for them to perform their job unhampered by legal obstacles but they are not totally touchable if they commit a crime against humanity.

Last Aug. 2, Kabayan Rep. Harry Roque, a human rights lawyer before he entered politics, delivered a privileged speech saying that although Duterte is immune from suits during his six-year term as president he may be indicted for the continuing spate of extrajudicial killings related to the government’s campaign against illegal drugs by the International Criminal Court.

The rising number of those killed in the campaign against illegal (1,054 as of Aug. 16, 2016 since May 10, when Duterte was elected president according to ABS-CBN monitoring ) has raised concerns not only among concerned citizens in the country but also international groups and media.

Roque belongs to the super-majority in the House of Representatives led by Duterte ally Speaker Pantaleon Alvarez. He said, “while it would be imprudent for me to say with certainty that President Duterte has already committed a crime against humanity, it would be a disservice to this entire nation if I did not warn [the president] to be careful.”

Roque said Article 7, Section 1 of the Rome Statute– the treaty that established the ICC of which the Philippines is party to – a “crime against humanity” is a widespread or systematic attack directed against any civilian population with knowledge of such attack.

Rep. Harry Roque delivering his speech on International Humanitarian Law Day.

“By definition, crimes against humanity may be committed even in times of peace, without the existence of an armed conflict,” he said.

Roque warned that the principle of state immunity granted to a sitting president “is not an effective shield against the ICC.”

Roque said, “The ICC has indicted leaders even during their term of power. It has done so in Kenya, Sudan, and others. Even without actual or direct participation, the President can be indicted for crimes under the principle of Command Responsibility so long as he knew that such crime was being committed, and he failed to take all necessary and reasonable measures within his power to stop such acts. The ICC does not need to wait for news about the massacre of an entire town or barangay before it investigates.

“If the administration does not temper the methods it has been using over the past few weeks, then it is only a matter of time before the international community turns its focus to the Philippines for justice,” he said.

That’s coming from an ally.