By Ade S. Fajardo
Several columns ago, we mentioned that there exists a law that mirrors the provisions of the Rome Statute.
In December 2009, the Philippines enacted Republic Act 9851, otherwise known as “the Philippine act on crimes against international humanitarian law, genocide and other crimes against humanity.”
It anticipated the possibility that the Philippine Senate may not be minded to ratify our membership to the International Criminal Court, and the country would be left without recourse to punish international crimes of grave magnitude.
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In 2011, the Philippine Senate, which included now President Ferdinand “Bongbong” Marcos Jr., ratified our membership in the ICC, which somehow overshadowed the prior passage of the domestic law we mentioned.
But the one person who could be a respondent at The Hague, Rodrigo Duterte, withdrew the Philippines from the ICC, likely hoping that such withdrawal would place him beyond the reach of international criminal processes.
The Philippine Supreme Court has, however, ruled that the ICC continued to have jurisdiction over crimes against humanity that may have been committed within the period from when the Philippines became a member until its withdrawal therefrom took effect.
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The Supreme Court decision in Pangilinan vs. Cayetano did mention that despite Duterte’s withdrawal the people continued to have a remedy under domestic law.
That is where we are now.
Last week, Surigao del Norte Representative Robert Ace Barbers, who chairs the quad committee of the House of Representatives, announced that his committee is recommending the filing of charges for crimes defined under RA 9851 against Duterte and others who were involved in his war on drugs that killed at least 6,000 people.
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Aside from Duterte, recommended for indictment are the following: former national police chief and Senator Ronald “Bato” dela Rosa, former presidential aide and Senator Christopher Lawrence Go, former PNP chief Oscar Albayalde, former PNP chief Debold Sinas, former Police Colonel Royina Garma, former Police Commissioner Edilberto Leonardo, and Irmina “Muking” Espina.
The elements of the offense “crime against humanity of murder” under RA 9851 are: first, the perpetrator killed one or more persons; second, the conduct was committed as part of a widespread or systematic attack directed against a civilian population; and third, that the perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack against a civilian population.
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The acts committed are punishable by a lifetime in prison “when justified by the extreme gravity of the crime,” as when “the commission of any of the crimes specified herein results in death or serious physical injury.” When indicted, Duterte and others will likely be denied bail.
“Crimes against humanity” does not prescribe under Section 11 of RA 9871. This means that respondents Duterte, et al. may be prosecuted by administrations after the current one.
It also means those not included in the quad com list may likewise be prosecuted under the same law, depending on the evidence that may crop up in the course of the investigation being conducted by the Department of Justice./WDJ