Quad comm heads file bill defining extrajudicial killings as heinous crimes

House of Representatives quadcom hearing on POGOs, illegal drugs and EJKs: Resource person PDL Jimmy Fortaleza (right) identifies former Director of the Cebu City Police Office P/Col. Royina Garma (left). Also in photo are BuCor C/SSupt. Gerardo Padilla, PLTCol. Jovie Espenido and Atty. Neri Colmenares. (INQUIRER file photo dated Sept. 12, 2024 / LYN RILLON)

MANILA, Philippines — A bill that seeks to classify extrajudicial killings (EJKs) as heinous crimes has been filed by chairpersons and members of the House of Representatives’ quad committee.

The lawmakers intend to impose the harsher penalty of death on this type of heinous crime.

Currently, heinous crimes are punishable by life imprisonment or 20 to 40 years in prison.

Before the quad committee hearing on Friday, the four chairpersons, along with Senior Deputy Speaker Aurelio Gonzales Jr. and other key lawmakers, filed House Bill No. 10986 or the proposed Anti-Extrajudicial Killing Act.

According to the bill’s authors, the proposed measure was crafted based on the findings and recommendations of the committee which has investigated different EJKs.

“Extrajudicial killing or the killing of individuals without judicial proceedings or legal authority, poses a grave threat to the rule of law, democracy and the protection of human rights,” the bill’s explanatory note stated.

“These acts bypass established judicial procedures, undermining public trust in the justice system and violating the basic rights to life and due process guaranteed by the Constitution,” it noted.

“The lack of accountability for such crimes contributes to a culture of impunity, where perpetrators believe they can act without fear of legal consequences,” the document stated.

“This bill seeks to explicitly criminalize EJK, ensuring that any individual, regardless of rank or position, who is found guilty of participating in, authorizing or condoning such acts, will face appropriate criminal penalties,” it added.

The quad committee chairpersons filed the legislative piece, along with Gonzales and Antipolo 2nd District Rep. Romeo Acop.

The panel chairs are Surigao del Norte 2nd District Rep. Robert Ace Barbers (dangerous drugs), Santa Rosa City Rep. Dan Fernandez (public order and safety), Abang Lingkod party-list Rep. Joseph Stephen Paduano (public accounts), and Manila 6th District Rep. Bienvenido Abante Jr. (human rights).

Other authors include Reps. Johnny Pimentel (Surigao del Sur), Gerville Luistro (Batangas), Ramon Rodrigo Gutierrez (1-Rider party-list), Paolo Ortega V (La Union), Jay Khonghun (Zambales) and Jonathan Keith Flores (Bukidnon).

Under the bill, EJKs will be defined as killings imposed by the State, “pursuant to the provisions of the Constitution on heinous crimes or a deliberate and arbitrary killing of any person not authorized by a previous judgment pronounced by a competent court affording all the judicial guarantees which are recognized as indispensable by civilized peoples.”

“It may be committed by a public officer, person in authority, agent of a person in authority, or any person who is acting under the actual or apparent authority of the State,” the bill read.

“By defining EJK as a specific crime, this bill aims to strengthen the legal framework for investigating, prosecuting, and punishing those responsible for these heinous acts,” it added.

Furthermore, any state agent found guilty of committing an EJK will face life imprisonment.

“The penalty of life imprisonment shall be imposed upon a public officer, person of authority, agent of a person in authority, or any person who is acting under the actual or apparent authority of the State, who commits an extrajudicial killing or who orders the extrajudicial killing,” the bill further stated.

“Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit an extrajudicial killing for whatever purpose shall be equally liable as principals,” it added.

Previously, Barbers told critics that the quad committee investigation remains in aid of legislation, as the end goal of the discussions is to amend existing laws or suggest new ones.

READ: End goal is to propose new laws, amendments – Barbers

READ: Quad comm mulls proposing death penalty revival for heinous crimes 

During the quad committee hearing last September 27, Barbers mentioned a list of laws that may need amending, which will form part of the panel’s committee report.

One of the bills that the panel may suggest, according to Barbers, is the revival of the death penalty for heinous crimes.