‘Neutralizer’ vs ‘Fiscalizer’

NOFEAR Solicitor General Jose Calida calls on police personnel not to be afraid of inquiries that will be conducted by Congress, including a proposal by Sen. Leila de Lima (right), into the killing of drug suspects during a press conference at the Philippine National Police headquarters in Camp Crame. With him is PNP Director General Ronald de la Rosa. PNP PHOTO/INQUIRER FILE PHOTO

“THE FISCALIZER” has found a challenger in “The Neutralizer.”

Solicitor General Jose Calida faced the media at the Philippine National Police headquarters at Camp Crame, Quezon City, on Monday, expressing support for the PNP amid questions on the spate of killings of suspected drug dealers and users.

“I am here to encourage the PNP not to be afraid of any congressional or Senate investigations. We will defend them. If there is a ‘fiscalizer,’ I am the ‘neutralizer’ and the defender of the PNP,” Calida said.

Last week, Sen. Leila de Lima called for a congressional inquiry into the killings, some of which she described as having “telltale signs of summary executions.”

De Lima said she saw herself as the “fiscalizer” for the anticrime thrust of the Duterte administration, declaring this should not come “at the expense of civil liberties.”

Critics say the drug menace flourished under De Lima’s watch as justice secretary and that the New Bilibid Prison was even turned into a laboratory for illegal drugs, where convicted drug lords lived like kings. It was only late in the Aquino administration that she ordered a raid there, with cameras in tow, as she began her Senate bid.

De Lima, who also had ignored a Supreme Court directive, is known to be a staunch critic of President Duterte, tracing back when she headed the Commission on Human Rights and Mr. Duterte was the mayor of Davao City at a time when it was beset with vigilante-style killings of criminals.

Said Calida: “I am here to indicate the support of the Duterte (administration) for the antidrug campaign. The Office of the Solicitor General is the defender of the Republic of the Philippines and the people of the Philippines. The people of the Philippines has had enough of the drug menace that is corrupting and destroying our youth and society. We will not allow anybody to derail this effort.”

In aid of media mileage

Calida said the PNP should be given the “presumption of regularity” in the performance of its duties, even as the numbers of those killed in operations had exceeded 100 under the new administration.

“They have a mandate. They are obeying superior orders. The orders come directly from the PNP chief, and he also receives orders from the President. So it’s up to those who alleged that there is something wrong [to prove it]. They should come out. It can’t be based only on speculations just because a lot of people died. To me, the numbers aren’t even enough,” Calida said.

He added that he was “angry” at the narcotics industry.

Calida said De Lima should “review her criminal law,” citing Article 11 of the Revised Penal Code stating the justifying circumstances when the police may legally kill a criminal or a suspect.

He questioned whether De Lima’s move was just an “investigation in aid of media mileage.”

“We will assess whether the  investigation is really in aid of legislation. If it’s not, then we will advise the PNP not to attend,” Calida said.

“It’s not in aid of legislation if there are already a lot of laws on this. We don’t have to reinvent the wheel anymore. What’s the real motive here? Is it to embarrass the President? Is it to derail the momentum against the drug trafficking in this country? So there are many  questions,” he complained. 

Height of naiveté 

“The police are risking their lives. It is the height of naiveté for [De Lima], who apparently does not know the mindset of a crazed drug addict. It is difficult and it’s dangerous to the lives of our police officers to arrest these drug-crazed offenders. They can’t be reasoned with, and they are also armed … and because of their mental condition they will do everything to kill the police officers. We will not allow the police officers  to be killed in the line of duty,” Calida pressed.

“De Lima was the secretary of justice for six years. What happened during her tenure? Proliferation of drugs strengthened even in her own turf at the national penitentiary,” he said.

Calida warned that his office had “the power” to investigate De Lima’s perceived failings to curb the narcotics scourge, and to file cases against her.

Salvador Panelo, chief presidential legal counsel, maintained that there was “no basis other than speculation and conjecture” in conducting any congressional inquiry into the police operations.

No turning back 

“Any attempt … to conduct a Senate investigation by any member, especially (by De Lima), may be viewed as an attempt to discredit the legitimacy of police operations against the drug menace,” Panelo told reporters.

PNP Director General Ronald “Bato” de la Rosa, who invited Calida to Camp Crame, said the solicitor general boosted the morale of the police force.

“There is no turning back,” De la Rosa said, addressing his troops. “Just remember not to be abusive. All police operations need to be legitimate … Always observe police operational procedure.”

To critics, he said: “You can challenge the regularity of the operation.”

“If they see anything wrong in the operation, they can file a case instead of generalizing,” De la Rosa said. “Again, I must give you the assurance that I do not condone vigilantism … I will be vigilant against vigilantes … What I want is everything to be aboveboard,” he said.

What legislation?

Incoming Speaker Pantaleon Alvarez said that Ifugao Rep. Teddy Baguilat had not offered any proposed legislation which would come out of his proposal to investigate the killing of over 100 individuals in the last two months due to the crackdown on illegal drugs.

“What legislation are they planning to make? So what if we prove there was a violation, what legislation will they approve? Summary executions are illegal per se so why investigate when the DOJ (Department of Justice) and NBI (National Bureau of Investigation) will handle them anyway,” Alvarez said.

Alvarez said that he preferred that Congress focus its time on more important legislation like the restoration of the death penalty and Charter change.  With reports from Marlon Ramos, Estrella Torres and Gil Cabacungan

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