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VP Sara, 2 senators named in ICC probe documents

July 23, 2023July 23, 2023 Ellen

Former president Rodrigo Duterte with daughter Vice President Sara and Sen. Bong Go in a 2019 photo when they attended the enthronement of Japanese Emperor Naruhito. Malacañang photo

Aside from former president Rodrigo Duterte, Vice President Sara Duterte-Carpio and two incumbent senators were named in documents submitted to the International Criminal Court (ICC) investigating the killings related to the drug war during the previous administration and when Duterte was mayor of Davao City, a copy of the documents obtained by VERA Files shows.

The vice president’s name was mentioned as knowing and approving the killings when she was city mayor, a post that her father held for more than 20 years. Sara was mayor from 2010 to 2013, and from 2016 to 2022.

A person knowledgeable of the ICC probe said she could be issued a “summons” by the ICC. If she would not comply with the summons, she would be issued a warrant of arrest.

This is the first time the name of Sara was mentioned in the documents relevant to the ICC investigation.

VERA Files sent messages to the OVP, her spokesperson and media officer for her side, but got only an automated reply from the OVP acknowledging receipt of the email and that it has been forwarded to the concerned unit for appropriate action. Her spokesperson also acknowledged VERA Files’ request sent by text.

On July 18, 7:51 p.m. Sara’s information officer Jefrey Tupas sent a text message: “No comment.”

Bong Go
Sen. Christopher Lawrence “Bong” Go, the former president’s longtime aide, was mentioned at least 70 times and Sen. Ronald “Bato” Dela Rosa, at least 90 times in a 186-page affidavit by a person who had knowledge of Duterte’s bloody style of governance but had asked not to be identified.

Once included in the investigation, Dela Rosa and Go could be issued warrants of arrest by the ICC.
Several other names were mentioned in the documents that covered at least 100 killings that happened mostly in Davao City when Rodrigo was mayor.

The probe on the killings related to the Duterte administration’s bloody war on drugs continues after the the ICC on July 18 rejected the Philippine government’s appeal to stop the investigation.

According to the documents with the ICC, during the years when Go served as executive assistant and personal aide to then-Davao City mayor Rodrigo Duterte, he, on several instances, was the one who relayed the former’s orders to kill to the Davao Death Squad, which was allegedly carrying out the extrajudicial killings for the local chief executive.

Some of the kill orders were unrelated to the anti-illegal drug campaign. Rodrigo served as Davao City mayor for 22 years, from 1988 to 2016, broken only by years when he held other elective positions (1998-2001, member of the House of Representatives and 2010-2013, vice mayor).

The documents also contained a report of two separate killings, which were allegedly ordered by Go, and “cleared and approved by Mayor Rodrigo Roa Duterte.” One was the murder of Primo Nilles, driver of businessman Jon Gaisano, whose wife Ana Nilles was one of the suspects in a cash pilferage in Gaisano’s business establishment. The other was the killing of second-hand truck importer Christopher Yu sometime in 2013 or 2014.

Go held a powerful position during the Duterte presidency as gatekeeper for the chief executive. Even when he was elected senator in 2019, he was always seen in almost all the activities of the president.
VERA Files tried to get the side of Go by email and text but has not received any reply as of July 17.

‘Bato’ Dela Rosa

Dela Rosa was Davao City police chief from 2012 to 2013 under then-mayor Sara Duterte-Carpio, who is now vice president. He previously held other positions such as station commander and intelligence division chief under the Davao City Police Office from 1992 to 1997, when the elder Duterte was the city mayor.

In the documents, it was alleged that Dela Rosa formed his own death squad to carry out anti-illegal drug operations in Davao.

As chief of the Philippine National Police (PNP), he presided over Duterte’s bloody war on drugs from 2016 up to 2018, which saw the killings of some 30,000, according to the estimates by human rights groups. Police admit to some 6,000 killed in drug war operations.

VERA Files also tried to get the side of Dela Rosa but has not received a reply as of July 17.

Dela Rosa had said that he was not afraid of the ICC investigation as the Netherlands-based court no longer has jurisdiction on the Philippines. However, the police chief-turned-senator admitted avoiding traveling to countries he perceives to be “loyal” to the ICC to evade potentially getting arrested should the court issue a warrant for him.

“Hindi ako takot. Alam ko naman na walang mangyayari diyan kung hindi lang ako lalabas sa ating bansa … just in case pupunta ako sa ibang bansa at huhulihin ako doon, nandiyan na si Sen. [Francis] Tolentino to the rescue para mag-represent sa akin sa kahaharapin ko,” Dela Rosa said last March

[I’m not afraid. I know that nothing would happen as long as I don’t go outside the country … just in case I go to another country and I will be arrested there, Sen. [Francis] Tolentino will be there to rescue and represent me.]

Senators Ronald “Bato” dela Rosa and Christopher Lawrence “Bong” Go during a hearing by the Senate Committee on Labor, Employment and Human Resources Development on January 28, 2020. Senate photo by Alex Nueva España

Although it lacks police power, the ICC relies on its 123 member states to cooperate in enforcing its arrest warrants. It can also seek the help of the International Criminal Police Organization (Interpol) by issuing a request to its 195 member countries, including the Philippines, to arrest a wanted individual. Still, it is entirely subject to Philippine discretion to implement an Interpol request.
ICC approval of investigation

In September 2021, the ICC Pre-Trial Chamber I granted the request of former prosecutor Fatou Bensouda to launch a full-blown probe into the alleged crimes against humanity in the Duterte administration’s drug war from July 2016 to March 16, 2019. It also allowed the probe to cover the alleged killings and related crimes in the Davao region from November 2011 to June 2016 by the “Davao Death Squad.”

The Pre-Trial Chamber is a judicial body in the ICC that permits the court’s prosecutor to conduct or resume an investigation. It also issues arrest warrants or summonses to those wanted of crimes against humanity, war crimes and other international crimes.

In her 57-page investigation request, Bensouda named Duterte for ordering the implementation of the drug war and publicly expressing support for the killing of suspected drug personalities.

She said other officials who used a similar rhetoric include Justice secretary Vitaliano Aguirre II who once said that “the criminals, the drug lords, drug pushers, they are not humanity”. Aguirre denied that he ever said drug lords “are not humans.”

Duterte’s first two PNP chiefs — Dela Rosa and Ronald Albayalde — were also named for implementing Duterte’s drug war. Bensouda said Albayalde, who replaced Dela Rosa in April 2018, publicly declared his commitment to continue Dela Rosa’s drug war upon assuming the top PNP post.

Bensouda made the investigation request to the Pre-Trial chamber a month before her term ended on June 15, 2021, with British lawyer Karim Khan succeeding her. Her launching of a preliminary examination into the drug war killings in February 2018 was followed by Duterte’s order to withdraw the Philippines as an ICC member, which took effect on March 16, 2019.

Duterte has consistently questioned the jurisdiction of the ICC to investigate him.

PH government appeal

In its appeal to reverse the decision of the Pre-Trial Chamber allowing Bensouda’s successor Khan to resume the drug war investigation on Jan. 26, the government insisted on the ICC’s lack of jurisdiction over the Philippines because it has ceased being a member since March 17, 2018.

Invoking the principle of complementarity where the ICC may exercise jurisdiction only when domestic legal systems fail to do so, or a state is unwilling or unable to genuinely carry out proceedings, the government cited a few cases that have found guilty policemen who were involved in extrajudicial killings in drug operations such as in the murder of 17-year old Kian de los Santos in 2017.

However, the Appeals Chamber, which hears appeals on decisions on jurisdiction or admissibility, was not impressed saying the Philippine courts “only address the physical, low-ranking perpetrators and at present do not extend to any high-ranking officials.”

Reacting to the rejection by the ICC of the government’s appeal,President Marcos reiterated his government’s position not to cooperate in the ICC probe.

Centerlaw voices alarm over Duterte’s acceptance of kangaroo court

June 8, 2016June 8, 2016 Ellen

Policemen released by NPA to Duterte. Photo from Bulatlat.

Centerlaw, a non-government organization dedicated to the promotion of the Rule of Law in the Philippines and Asia, reminded President-Elect Rodrigo Duterte that as president of the Philippines, which he will be in 23 days, he is legally bound to ensure that every one within Philippine sovereignty is accorded due process of law.

Centerlaw expressed grave concern over the statement of Duterte that he is leaving the fate of General Generoso, Davao Oriental police Chief Inspector Arnold Ognachen to his captors, the New People’s Army.

Duterte, which has included the Communist Party of the Philippines in his government, had worked for the release of policemen captured by the CPP’s armed group before the May elections. He had also called for the release of Ognachen, who was captured when the NPA recently raided the Davao Oriental police station.

But in his press conference last Thursday, Duterte said an NPA commander told him that they seized drug from Ognachen adding the rebel leaders would not lie to him.

Duterte is waging war against illegal drugs. “”I said I’d be harsh. I’m sorry for that guy,” he said.

He said he told the NPA commander, “You have a kangaroo court…. Sentence him to 20 years of hard labor.”

Romel R. Bagares, Centerlaw executive director, noted the double irony of Duterte referring to the NPA’s justice system as “kangaroo courts.”

“Because that is exactly what they are – tribunals that make a mockery of even just a modicum of justice,” he said.

Bagares said, Duterte, who is a lawyer and a former prosecutor, “ should know that we now have Republic Act 9851, the International Humanitarian Law Act, which penalizes as a war crime all executions without a judgment of a regularly constituted court that afforded all judicial guarantees generally recognized as indispensable.”

The International Humanitarian Law Act, passed in 2010, embodies the country’s commitment to the Geneva Conventions and the Rome Statute establishing the International Criminal Court.

Bagares recalled that in a series of official reports on summary executions and extrajudicial killings in the Philippines from 2007 to 2010, then UN special rapporteur Philip Alston called on the Communist Party of the Philippines (CPP) and the National Democratic Front to put an end to the NPA’s so-called ‘people’s “courts”, because these violate fair trial standards set by international human rights law and international humanitarian law.

Bagares said “Common article 3 of the 1949 Geneva Conventions, which applies to all combatants in the Philippines, prohibits the passing sentences without a judgment by a regularly constituted court, ‘affording all the judicial guarantees which are recognized as indispensable by civilized peoples.’”

“Moreover, the 1977 Additional Protocol provides that the court must be independent and impartial, and the accused shall have the right to be at the trial and present a defense, among other guarantees.”

Bagares further said:”In fact, the Bill of Rights of our 1987 Charter – under which he will swear his oath of office as President – likewise prohibits the deprivation of life without due process of law.

The NDF, of which the CPP and the NPA are members, is a coalition of 16 groups waging a so-called protracted people’s war for national democracy in the Philippines for more than four decades now.

News reports said when the NPA got Ongachen, they also captured two other persons and seized seven shotguns, 12 rifles, two 9mm pistols and three undetermined types of firearms.

Outgoing Philippine National Police chief Director General Ricardo Marquez said they respect the president-elect’s pronouncements but they will have to rescue Ongachen.

“It is our responsibility to rescue our people if they are kidnapped,” Marquez said.

Stars with a heart put heartless governor to shame

April 7, 2016April 7, 2016 Ellen

Thanks to KilaBalita for the above video and photo below.

This Governor Emmylou Talino-Mendoza of Cotabato is really something.

I saw her on TV being interviewed on the bloody dispersal of the farmers rally in Kidapawan where at least two people died and many were injured and she expressed no sympathy. She was arrogant.

(Update: At the Senate hearing Thursday some of Mendoza’s arrogance was gone but she gave an impression of an unfeeling government official. She said she was the one who decided” “Police action na.”)

Gabriela Women’s Party 2nd Nominee Arlene Brosas is right when she said, “”Gov. Mendoza has shown no remorse and has even justified the massacre of the poor farmers. Her role in the bloody incident and her attitude afterwards has shown the she is clearly unfit for public service. She must leave and she should take her butcher North Cotabato Police Alexander Tagum with her.”

Scene from the bloody Kidapawan rally

A report by the PNP validated Brosas statement on the role of Mendoza in the violent operation:

“ At around 6:00 a.m. on March 30, 2016, organized groups began to assemble on the Cotabato-Davao Highway, Kidapawan City. Around 4,000 participants composed of farmers, indigenous peoples, and cause-oriented groups like the KMP, PK, ASLPC, and PCPR gathered to blockade the highway. Said groups raised issues concerning the El Nino and the non-distribution of NFA rice, upon the declaration of a State of Calamity by LGUs. The City government immediately convened the City Crisis Management Council to address the situation.

“ Provincial Governor Emilou Mendoza and other mayors of North Cotabato attempted to engage the protesters. As stated later by the Governor, they exhausted all possible remedies, prompting sections of the crowd to disperse and head back to their communities. Many protesters, however, refused to clear the area. Their presence continued to disrupt public movement in one of the major transportation arteries of Mindanao.

“ The permit to rally lapsed, and past 10:00 AM on April 1, 2016, acting upon guidance from Governor Mendoza, combined PNP troops under the police district and Police Senior Superintendent of Tagum conducted an operation to clear the national highway and, in coordination with the DSWD, rescue minors who were part of the picket line.”

Take note of the phrase, “acting upon guidance from Governor Mendoza.”

Mendoza was quoted to have said, “”Nakakainsulto na bigas ang gagamitin nilang dahilan para magrally.”

She got support from Agriculture Secretary Proceso Alcala who said the the claims of farmers from North Cotabato that they have nothing to eat because of poor harvest due to El Niño “was overblown.” Alcala said n there was ample food supply in the area with the government having done enough to mitigate the effect of the drought. “Hindi po grabe ang hirap doon sa lugar nila,” he added.

Alcala even said that those in the rally had other motives than to demand for their share of rice from the government. He noted that protesters were carrying banners against Oplan Bayanihan, the Armed Forces of the Philippines’ campaign against forces of the New People’s Army in the countryside.

Did that justify shooting at the rallyists?

If the government was unmoved, many were outraged. The politicians, including administration candidates Mar Roxas and Leni Robredo issued statements of concern.

Rice from private donors. Photo from Nonoy Espina Facebook page.

But what’s admirable was the reaction of some showbiz personalities. Actor Robin Padilla donated 50 sacks of rice to the farmers who had sought refuge at the United Methodist Church.

Angel Locsin sent 120 sacks, 250 sacks came from Daniel Padilla, Mariel Rodriguez, Bianca Gonzalez-Intal, Director Perci Intalan,and Jun Robles Lana.

The Curtiz sisters, Anne and Jamie, also sent their donations, according to journalist Inday Espina-Varona’s Facebook post.

Inday ‘s update: “As donations pour in for hungry farmers, some head for home with rice stocks to tide them over .”

If only Mendoza had the heart for the hungry farmers, last Friday’s tragedy would not have happened.

Why did Aquino float the ‘baseless alternative truth’?

September 18, 2015September 18, 2015 Ellen Leave a comment

Aquino belies his own alternative truth in a Malacanang presentation.Photo by Lauro Montellano, Jr. / Malacanang Photo Bureau.

A week after he floated an “alternative version” to the killing of Malaysian terrorist Zulkifli “Marwan”bin Hir last January which also cost the lives of 63 people, 44 of them members of the elite Special Action Force of the Philippine National Police, President Aquino yesterday belied it saying it was “baseless.”

In a televised presentation, Aquino said: “It is clear from the presentation today: the SAF were there; we can no longer doubt that it was the SAF who took Marwan’s finger. This also means: All the other accounts about the alternative narrative are baseless, and consequently have no relevance.”

But it was he who floated what he now says are “baseless” alternative narrative.
He did it during a meeting with Inquirer editors and reporters last week.

Inquirer quoted him as saying,” Do I have closure? I still have quite a number of questions, and there are various agencies of government tasked to ferret out the truth of exactly what happened in its entirety. There is an alternative version of events that happened there, which is undergoing very intense scrutiny.”

This was his reply when asked if he had closure on the Mamasapano tragedy, that defined the incompetence and immaturity of his presidency together with the 2010 Rizal Park hostage-taking.

The Commander-in-chief was not there.

In his presentation yesterday, perhaps to justify his 360- degree turn, Aquino explained, “When the idea of an alternative narrative was presented to us and when we returned to the evidence, we could not dismiss it outright. This alternative version is the complete opposite of the first account of the encounter. It is our responsibility to investigate and to uncover the complete truth, so that the conclusions we arrive at will be correct and just. In doing this, we will ensure that this tragedy does not happen again. That is why we immediately ordered the various agencies of government to scrutinize other angles that present alternative narratives.”

Reliable sources said there was no serious re-investigation of the tragedy.
What happened, they said, was Aquino could not get over the findings of the PNP Board of Inquiry headed by Police Director Benjamin Magalong and the Senate Commmitee on Public Order headed by Se. Grace Poe that put the blame on him for breaking the chain- of- command and taking a direct hand in the operation through his best friend, suspended Police Chief Alan Purisima.

Many times, the source said, in the middle of a discussion the President would blurt out something about being informed of the Marwan operation almost midnight.

“He needed something to alleviate his guilt and to salve his conscience,” the source said.

He had tried to run away from it in various occasions like going to a car plant inauguration instead of attending the arrival honors at the Villamor Air base for the slain SAF troopers and deleting the names of the two SAF members from the list of those that would be honored last PNP Day.

In his last State-of-the –Nation Address, he cited as accomplishment the killing of Marwan but did not give credit to SAF.

Police Director Benjamin Magalong and former PNP officer-in-charge Leonardo Espina during a congressional hearing of the Mamasapano tragedy.

His “alternative truth”, however, backfired and rekindled animosity towards him by those who sympathized with the SAF.

The source said all the officials of agencies Aquino consulted to try to come out with a version that would downgrade the role of SAF advised him against it and warned him of its implications in the 2016 elections.

Magalong told lawmakers during a budget hearing that he was willing to resign if it’s proven that he was wrong in concluding that Marwan was killed by SAF troopers.

Told yesterday of the President’s about-face statement, Magalong said, “Hindi na pala ako magre-resign (So I don’t need to resign).”