Gordon: Bato not immune from suit, must be careful with words

Philippine National Police Director General Ronald “Bato” de la Rosa must choose his words carefully because unlike the President, he has no immunity from suits, according to Sen. Richard Gordon.

Gordon nevertheless advised both De la Rosa and President Rodrigo Duterte to be more careful with their statements, especially in naming personalities allegedly involved in illegal drugs.

“The President should be very sure of the facts. He has immunity from suit but not the officials of the Philippine National Police,” the senator said in a statement on Tuesday.

“The PNP chief is not covered by the immunity from suit so he cannot just say, as he was reported to have said as a warning to the policemen on the list, that he will shoot them. He must likewise choose his statements more prudently to ensure that these do not constitute grave threat,” he said.

READ: Bato warns: mayor’s son’s life in danger; war on drugs to take more lives

While commending the government’s war against illegal drugs, Gordon said it would be best if charges were filed first before naming alleged drug suspects.

He said the list of alleged drug suspects named by the President was “damning” and “the reputations of the people in the list have been sullied.”

READ: Rody names politicians, judges, cops allegedly into illegal drugs

“In announcing the names, did President Duterte follow the rule of law?” the senator asked.

“These pronouncements must be based on probable cause so that our public prosecutors/fiscals may be able to file an information against these alleged drug protectors to formally charge them in court, and detain them while trial is ongoing if evidence of guilt is strong,” Gordon said.

If he were one of those on the list and not guilty, the senator said he would ask for a bill of particulars and inform the President that what he had done was hearsay.

“My name should be cleared because there are vigilantes who are taking the law into their hands and are responsible, according to reports, for some of the killings. Supposing, I am killed because my name is on the list? If I were guilty, I would now be even more scared. But if I were innocent, the injustice to my family and me would be immeasurable,” he said.

Gordon said there must also be “evidentiary control” measures in place, in accordance with the law.

“There can be a win-win situation for us, especially by building and facilitating rehabilitation centers, staffed with addiction specialists immediately to treat all the users and traffickers who are surrendering themselves,” he said.

“There needs to be a balance here—and it must be evidence-based or indeed it will be perceived not only as a slippery slope but an avalanche.”/rga