Duterte OK to show up in courts, but not in House EJK probe – Roque

Former President Rodrigo Duterte
(FILE) PHOTO FROM BONG GO FACEBOOK PAGE

MANILA, Philippines — Former president Rodrigo Duterte sees no problem showing up in any court hearing but not during a House of Representatives’ panel’s discussions of alleged rights abuses regarding his drug war, lawyer Harry Roque said on Wednesday.

Roque in a statement posted on his official Facebook page, said Duterte will invoke his right against self-incrimination, noting that under the 1987 Constitution, Congress cannot compel the former president to attend hearings.

Currently, the House committee on human rights is looking into claims that extrajudicial killings have been committed in the drug war.  On Tuesday, committee chairperson and Manila 6th District Rep. Bienvenido Abante Jr. approved motions to invite Duterte and Senator Ronald dela Rosa.

“As guaranteed by our Bill of Rights, Congress cannot compel FPRRD to be a witness against himself.  Our former President firmly believes that the Lower House is not the proper forum to investigate any criminal allegation against him,” Roque said.

“Tatay Digong is unafraid to face all his accusers in any domestic court. He will cooperate and participate in any criminal investigation, provided that Filipino prosecutors conduct the proceeding,” he added.

Roque was referring to two Supreme Court rulings, particularly People vs Ayson (1989) and Rosete vs. Lim (2006), where the right against self-incrimination shows an “option of refusal to answer incriminating questions and not a prohibition of inquiry”.

“Every person who gives evidence, whether voluntary or under compulsion of subpoena, in any civil, criminal, or administrative proceeding is accorded the same constitutional right,” Roque said.

“Any witness, whether he is a party or not, has the right to refuse to answer questions that may incriminate him for some crime,” he added.

When Abante last May 16 announced that the probe on the alleged drug war abuses would start, he felt that there was no need to invite Duterte or dela Rosa — the former president’s first police chief — “to maintain that courtesy with the sitting senator and also with the former president”.

READ: House panel ready to probe into anti-drug war, extra-judicial killings 

Then on June 5, upon the prodding of Kabataan party-list Raoul Manuel, Abante said the committee will inform Duterte and dela Rosa about the next hearing, but it will be up to the two individuals if they will attend.

READ: Duterte, dela Rosa invited to House hearing on drug war deaths 

Things changed on Tuesday, after Abante said he is now convinced that the drug war was “deceitful”, saying that he hopes Duterte can actually listen to the testimonies of drug war victims’ relatives.

Abante also urged voters to stop voting for candidates in the 2025 national elections who are against human rights.