Jude Josue Sabio
ON May 25, 2015, Aries Joseph Hegina wrote an article in the Philippine Daily Inquirer titled “Duterte confirms ‘ties’ with Davao Death Squad.”
The article stated that “(I)n an interview in the local television program ‘Gikan sa Masa, Para sa Masa’ which aired on Sunday, Duterte admitted his link to the infamous Davao Death Squad (DDS).” Duterte was quoted as saying “They say I am the death squad? True, that is true,” Duterte said.
A statement was attributed to Duterte, thus “Davao City Mayor Rodrigo Duterte is asking the Filipino electorate to not elect him as the country’s next president because he does not want to kill more people.”
Furthermore, Duterte was quoted when he said “I will kill you.”
Take a further look at the words quoted from him in that article. (1) “If by chance, God will place me there, the 1,000 will become 100,000.” (2) “Diyan mo makita na tataba ang isda sa Manila Bay. Diyan ko kayo itatapon (You will see bigger fish in Manila Bay because that is where I will dump your bodies).” (3) “I do not want to be president. I do not want to kill people so do not elect me as president.” (4) “Papatayin ko talaga kayo (I will kill you).” (4) “I will kill all of you who make the lives of Filipinos miserable. I won because of the breakdown in law and order.”
Admission is the queen of evidence. A person’s admission of an act is admissible as evidence of such act. That act as an admitted fact requires no other evidence because it is already proven by the admission. When a person says that he himself did the act, that act is already a fact.
Indeed, Duterte admitted, in unequivocal terms, his link to the Davao Death Squad. In fact, he said that he is the Davao Death Squad. On account of Egar Matobato’s testimony, summary executions were allegedly carried out in Davao on the orders of Digong a.k.a. Charlie Mike.
When a detained suspect blurts out an admission to the media, such admission can be used against him, because it is done voluntarily outside of a police interrogation. The same should be true with Duterte who, as a lawyer and former prosecutor, perfectly knows his legal rights.
While the admission of Duterte is by itself sufficient proof of the fact that he has admitted, the proof is even bolstered by the testimony of Matobato. Duterte’s admission that he is in fact the Davao Death Squad is confirmed by Matobao who said that summary executions were carried out by the DDS on orders of Duterte.
Duterte is in reality the Davao Death Squad or the other way around, the Davao Death Squad is Duterte. The Davao Death Squad was organized by Duterte. Police elements from the Heinous Crime Section were utilized by Duterte. He allegedly hired professional hitmen like Matobato. He allegedly hired rebel returnees for the Squad. He was the mayor who exercised power over all of them. The Davao Death Squad allegedly killed only upon his orders.
As a former prosecutor, Duterte knows that a person who orders or induces another to kill is a principal by inducement. The triggerman who executes a job order to kill is liable for murder. The principal who orders or induces him to kill is equally liable with the triggerman.
Sadly, Duterte is immune from suit as President. But his principal cohorts who have been identified as policemen from the Davao Police can be prosecuted. They should be prosecuted just like Duterte.
How I wish I would have the opportunity of a lifetime to prosecute Duterte and all his cohorts in a court of law! How I wish I could ask Duterte straight in the face if he indeed made the admission published in the Philippine Daily Inquirer!
But isn’t his admission in public clearly enough? If he is immune from suit, he should not hide from it. Isn’t the honorable thing for him to do is to resign and own up to his admission? He should not be a hypocrite. He should resign and face the challenge.
I will spend a lifetime just trying to prosecute him to attain justice for the thousand human beings that were mercilessly killed.
(Jude Josue L. Sabio is a lawyer from Misamis Oriental.)
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