Professional Documents
Culture Documents
I. the acts of Murder under Article 7, paragraph 1 (a) for the extra-judicial killings of
thousands of Filipinos; and
II. other Inhumane Acts under Article 7, paragraph 1 (k) for causing great suffering to
the victims and their families.
Crimes against humanity are core crimes that are considered to be ―the most
serious crimes of concern to the international community as a whole‖.1 Such crimes are
being committed in the Philippines, on a daily basis since President Rodrigo Roa Duterte
took office, under his so-called ―war on drugs‖ and the alleged campaign against
criminality.
A. President Rodrigo Duterte is criminally responsible and liable for the above
mentioned murders, and other inhumane acts, under Article 25, paragraphs 2
and 3 of the Rome Statute being the most senior leader and most responsible for
these crimes.
persons, the ICC will defer the exercise of its jurisdiction.3 But the Philippine judicial
system is not prosecuting President Duterte for these killings. Considering that herein
Complaint has satisfied the requirements of admissibility under Article 17, herein
Complaint is admissible in relation to the principles of Complementarity.
Thirdly, Complainants wish to add that the Philippine justice system is unable to
prosecute President Duterte because presidents are expressly immune from suit under
the Philippine justice system. The Philippine Supreme Court reiterated this doctrine in the
case of Randolf David v. President Gloria Macapagal-Arroyo4 that:
―Incidentally, it is not proper to implead President Arroyo as
respondent. Settled is the doctrine that the President, during his tenure of
office or actual incumbency, may not be sued in any civil or criminal case,
and there is no need to provide for it in the Constitution or law. It will
degrade the dignity of the high office of the President, the Head of State, if
he can be dragged into court litigations while serving as
such. Furthermore, it is important that he be freed from any form of
harassment, hindrance or distraction to enable him to fully attend to the
performance of his official duties and functions. Unlike the legislative and
judicial branch, only one constitutes the executive branch and anything
which impairs his usefulness in the discharge of the many great and
important duties imposed upon him by the Constitution necessarily
impairs the operation of the Government.‖ (underscoring supplied)
In fact, President Duterte through the Communications Secretary under the Office
of the President has officially claimed that he is immune from suit:
―The President enjoys immunity while in office and the Ombudsman,
although she may investigate, [she] cannot discipline or remove a sitting
President," Communications Secretary Martin M. Andanar said in a
statement. 5
Even the domestic law on crimes of international character, The Philippine Act on
Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against
Humanity of 2009, states that the President is immune from prosecution of crimes
against humanity.6
3 The Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes
Against Humanity, Republic Act No. 9851 (2009). Official copy is available at:
http://www.officialgazette.gov.ph/2009/12/11/republic-act-no-9851/.
4 David v. Arroyo, Philippine Supreme Court G.R. No. 171396, May 3, 2006.
5 Jon Viktor D. Cabuenas, Palace: Ombudsman cannot remove Duterte, GMA News Online, November 27,
2016, available at: http://www.gmanetwork.com/news/news/nation/590397/palace-ombudsmancannot-remove-
duterte/story/. Last accessed August 15, 2018.
6 Section 9 of R.A. 9851. Irrelevance of Official Capacity. - This Act shall apply equally to all persons without
any distinction based on official capacity. In particular, official capacity as a head of state or government, a
member of a government or parliament, an elected representative or a government official shall in no case
exempt a person from criminal responsibility under this Act, nor shall it, in and of itself, constitute a ground
for reduction of sentence. However:
(a) Immunities or special procedural rules that may be attached to the official capacity of a person
under Philippine law other than the established constitutional immunity from suit of the Philippine
President during his/her tenure, shall not bar the court from exercising jurisdiction over such a person; and
x x x (underscoring supplied)
Communication and Complaint by Rise Up for Life and for Rights
Article 17, paragraph 3 of the Rome Statute provides that ―In order to determine
inability in a particular case, the Court shall consider whether, due to x x x (the)
unavailability of its national judicial system, the State is x x x otherwise unable to carry
out its proceedings. Clearly, the Philippine justice system is unable‖ to prosecute
President Duterte during his term due to his immunity as President making the remedy
―unavailable‖ to the victims of his human rights atrocities.
Complainants further assert that the Philippine justice system is also unwilling to
prosecute President Duterte, as he has the power of control over the criminal
investigation and prosecution in the Philippines and has intimidated and compromised
other accountability mechanisms in the legal and judicial system.
President Duterte, the chief executive of the Government of the Republic of the
Philippines, has not and is not being investigated or prosecuted for crimes against
humanity or any crime for that matter by the Philippine government. In fact, he is
immune from any civil and criminal prosecution in the Philippine legal system rendering
the municipal jurisdiction unable to genuinely investigate and prosecute him.
JURISDICTION
Complainants assert that herein Complaint fulfills the precondition to the exercise
of this Court‘s jurisdiction under Article 12 in relation to Article 13 because the
Philippines is a State Party and President Duterte is a national thereof.
Furthermore, the crimes described herein were all committed within Philippine
territory, thus, satisfying the condition under Article 12, paragraph 2(a) of the Rome
Statute. Almost all of the killings carried out by state security forces, under President
Duterte‘s ―war on drugs‖, have taken place in poverty-stricken communities all over the
country, particularly, urban centers. Among the case profiles attached to this
Communication are killings and incidents which happened in urban poor communities of
Tondo, Manila; Bagong Silang, Caloocan City; and Bagong Silangan, Quezon City, all part
of Metropolitan Manila, the National Capital Region.
Complainants further aver that the International Criminal Court has jurisdiction
over President Duterte as the Philippines is a State Party to the Rome Statute and a
member of the International Criminal Court when it deposited its Instrument of
Ratification on August 10, 2011. The acts alleged in this Complaint happened during the
period of June 30, 2016 to August 23, 2018.
The fact that the Philippines deposited a written notification with the United Nations
to withdraw from the ICC is of no moment and does not deprive the Court of jurisdiction.
The Court continues to have jurisdiction over him under Article 127 of the Rome Statute
which provides that:
Article 127 - Withdrawal
1. A State Party may, by written notification addressed to the SecretaryGeneral of the United
Nations, withdraw from this Statute. The
withdrawal shall take effect one year after the date of receipt of the
notification, unless the notification specifies a later date.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
6
FACTUAL ANTECEDENCE
Assuming the Office of the President on July 1, 2016, President Duterte publicly
promised death to those involved in drugs and crimes: ―These sons of bitches are
destroying our children. I warn you, don‘t go into that, even if you‘re a policeman,
because I will really kill you ... If you know of any addicts, go ahead and kill them yourself
as getting their parents to do it would be too painful.‖10
The killings of thousands of civilians, alleged drug addicts, pushers, and others
related to the trade, has been widely and publicly documented. Though there is no
consensus as to the number of dead, 4,410 killed as the latest figure admitted by the
police to have died during their operations11 more than substantiates the gravity of these
extra-judicial killings. Worse, this does not include the thousands killed by supposedly
unidentified assassins, who, Complainants assert, are mostly also members of Philippine
state security forces or supported, condoned or goaded by them.
Whether 4,410 as reported by the government as of July 31, 2018, or 23,000 as
claimed by human rights groups, the fact is, thousands are being killed, arrested, and
detained all over the country as part of President Duterte‘s murderous anti-drug policy.
Murder during police operations
Official police data puts the number of those ―drug personalities‖ who have died
in drug-related police operations at 4,410 as of July 31, 2018, or an average of six
people a day.12 Under President Duterte‘s explicit instructions, police have taken the
helm of drug operations in the Philippines through executive directive, supplanting the
specifically-mandated13 Philippine Drug Enforcement Agency (PDEA).14
10 Philippines President Rodrigo Duterte urges peoples to kill drug addicts, The Guardian, July 1, 2016.
available at: https://www.theguardian.com/world/2016/jul/01/philippines-president-rodrigo-duterteurges-people-to-
kill-drug-addicts. Last accessed on August 26, 2018.
11 The number was released without categorization, through the official #RealNumbersPH update. The
official transcript of the Real Numbers press briefing with PCOO, PNP, and NBI on August 17, 2018 is
available at: https://pcoo.gov.ph/wp-
content/uploads/2018/08/20180817finalReal_Numbers_Press_Briefing_with_NBI_Spokesperson_-
_Deputy_Director_Ferdinand_Lavin__PNP_Spokesperson_PSSupt._Benigno_Durana__Jr._and_PCOO_.pdf.
Last accessed on August 26, 2018. See compendium, Annex ―A‖.
12 Average of 6 drug suspects killed every day—PNP, Philippine Daily Inquirer, August 18, 2018,
http://newsinfo.inquirer.net/1022538/average-of-6-drug-suspects-killed-every-day-pnp. Last accessed on
August 26, 2018. See also, Annex ―B‖, Real Numbers report cards as of July 31, 2018.
13 The mandate and functions of PDEA are derived from Republic Act No. 9156, the Philippine
Comprehensive Dangerous Drugs Act of 2002, as revised by R.A. 10640. The law may be found here:
http://pdea.gov.ph/laws-and-regulations/ra-9165, while the PDEA functions are summarized here:
http://pdea.gov.ph/transparency/mandate-and-functions.
14 On October 10, 2017, the President restrained the PNP from drugs operations, deferring to PDEA. Two
months later, he backtracked and issued Memorandum Order No. 17 putting the PNP and other law
enforcement agencies on active support to PDEA. Official copy available at:
http://www.officialgazette.gov.ph/downloads/2017/12dec/20171205-MO-17-RRD.pdf. The police in
January 2018 resumed its role in implementing tokhang under a new set of guidelines designed to restore
public confidence.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
8
Government officials have been adamant that all killed during this period are
criminal drug dealers, hence the term ―drug personalities‖.15 However, many of those
killed, even presuming they are involved in illegal drugs, have not been tried and
convicted by a duly constituted court. Theirs was the misfortune of being on ―drug lists‖,
much vaunted yet unverified by the Duterte government.16 Even assuming they are
guilty, they have the right to due process and do not deserve to be killed like dogs.
The reports of the Philippine National Police (PNP hereafter) vary, and on many
occasions conflict. Investigative group the Philippine Center for Investigative Journalism
(PCIJ) in June 2017 released an analysis of the official data it had received from the
police.17 By this time, it had tallied 2,555 dead from police operations as of January 31,
2017.
The report noted that because categories changed arbitrarily over time, there are
questions about ―numbers shaving or double counting.‖ These include the shift from
categories of DUIs (death under investigation, by August 2016, even though already
defined at this point as murder cases), to MCUI (murder cases under investigation, by
January 2017), to HCUI (homicide cases under investigation, by March 2017); and from
―killed‖ in July 2016 reports to ―killed in police operations‖ from August 2016 to January
2017, to ―died‖ in police operations (by March 2017). Ever-changing disaggregation of
DUI, MCUI, and HCUI figures, by status, death, or incidents, have also paved the way to
another level of confusion in clustering and comparing the numbers.
Online news page Rappler, separately, tallied official PNP data released as of
October 10, 2017. 18 The data per chronological phase of the ―war on drugs‖ is
summarized as follows:
15 Foreign Affairs Secretary Alan Peter Cayetano was interviewed by Mehdi Hasan on Al-Jazeera‘s UpFront
which aired on October 6, 2017. At the time of his interview, official government data stated 3,451 "drug
personalities" were killed during police operations from June 30, 2016 to July 26, 2017. Cayetano, asked if
every single one of those killed are drug dealers, said: ―Yes‖. Video available on:
https://www.aljazeera.com/news/2017/10/philippines-top-diplomat-defends-duterte-drug-war-
171006080715833.html. Last accessed on August 26, 2018.
16 Duterte‘s ―drug list‖ was made public by August 2016. Among those killed is a local politician on the
―list‖. See generally, Eimor Santos, Duterte's drug list: What we know so far, CNN Philippines, September
17, 2016, available at: http://cnnphilippines.com/news/2016/08/19/President-Duterte-list-of-drugpersonalities-
politicians.html. Mayor in Duterte‘s ‗drug list‘ shot dead during flag-raising ceremony, The
Straits Times, July 2, 2018, available at: https://www.straitstimes.com/asia/se-asia/narco-politicianmayor-shot-dead-
during-flag-raising-ceremony. Last accessed on August 26, 2018.
See also: David Santos, Gov't orders anti-drug drop boxes nationwide, CNN Philippines, October 3, 2017,
available at: http://cnnphilippines.com/news/2017/10/03/dilg-anti-drug-drop-boxes.html. (The
Department of Interior and Local Government announced it was installing drug drop boxes nationwide, to
solicit names of suspected drug personalities from residents.) Rosette Adel, DILG agrees to scrap Masa
Masid drug drop box plan, Philippine Star, October 12, 2017, available at:
https://www.philstar.com/headlines/2017/10/12/1748066/dilg-agrees-scrap-masa-masid-drug-dropbox-plan. (After
drawing flak, the Interior Secretary said the scheme will be a mere suggestion for local
government offices.) Martin Sadongsadong, 11,000 names figure in validated drug watch list, Manila
Bulletin, February 9, 2018, available at: https://news.mb.com.ph/2018/02/09/11000-names-figure-invalidated-drug-
watch-list/. (The PNP maintains a list as well).
17 PCIJ findings: What‘s flawed, fuzzy with drug war numbers?, Philippine Center for Investigative
Journalism, June 8, 2017, available at: http://pcij.org/stories/pcij-findings-whats-flawed-fuzzy-with-drugwar-
numbers/. Last accessed on August 26, 2018.
18 Timeline: The PNP's use of the term 'deaths under investigation', Rappler.com, updated March 31, 2017,
available at: https://www.rappler.com/newsbreak/iq/165534-timeline-philippines-pnp-deaths-underinvestigation.
Last accessed on August 26, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
9
19 PH gov't moves to counter 'false' narrative on drug war, Rappler.com, May 4, 2017, available at:
https://www.rappler.com/newsbreak/inside-track/168681-realnumbersph-war-on-drugs. Last accessed
on August 26, 2018.
20 #RealNumbersPH unreal, inexact, locked in riddles, Philippine Center for Investigative Journalism, June
8, 2017, available here: http://pcij.org/stories/realnumbersph-unreal-inexact-locked-in-riddles/. Last
accessed on August 26, 2018.
21 Jhoanna Ballaran, PDEA to give ‗real‘ drug war numbers to ICC if asked, Inquirer.net, February 14, 2018,
available at: http://newsinfo.inquirer.net/968787/pdea-to-give-real-drug-war-numbers-to-icc-if-asked. Last
accessed on August 26, 2018.
22 While the PNP reportedly submitted the documents to the SC, neither the state counsel Solicitor General
nor the Supreme Court has provided petitioners or counsel with copies despite repeated demands. See
generally, Arianne Merez, SolGen refuses to submit reports on drug war killings to SC, ABS CBN News,
available at: http://news.abs-cbn.com/news/01/12/18/solgen-refuses-to-submit-reports-on-drug-warkillings-to-sc.
Aaron Recueno, PNP says it has submitted documents on war on drugs to SC, Manila Bulletin,
June 26, 2018, available at: https://news.mb.com.ph/2018/06/26/pnp-says-it-has-submitted-documentson-war-on-
drugs-to-sc/. Last accessed on August 26, 2018.
23 A compendium of Real Numbers PH report cards is attached as Annex ―B‖.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
10
c) As of December 27, 2017
Anti-drug operations - 80,683
Arrested - 119,023
Killed during operations - 3,986
Law enforcers killed - 86
d) As of January 17, 2018
Anti-drug operations - 81,919
Arrested persons - 119,361
Killed during operations - 3,987
Law enforcers killed - 87
e) As of February 8, 2018
Anti-drug operations - 85,068
Arrested persons - 121,087
Killed during operations - 4,021
Law enforcers killed - 87
f) As of March 20, 2018
Anti-drug operations - 91,704
Arrested persons - 123,648
Killed during operations - 4,075
g) As of April 30, 2018
Anti-drug operations - 98,799
Arrested persons - 142,069
Killed during operations - 4,251
h) As of May 15, 2018
Anti-drug operations - 99,485
Arrested persons - 143,335
Killed during operations - 4,279
i) As of June 30, 2018
Anti-drug operations - 102,630
Arrested persons - 147,802
Killed during operations - 4,354
j) As of July 31, 2018
Anti-drug operations - 105,658
Arrested persons - 152,123
Killed during operations - 4,410
The oft-repeated narrative is that the dead fought back – ―nanlaban‖. Self defense in Philippine
law is an affirmative allegation that should relieve the policeman of
criminal responsibility over a death in the course of an official operation. There were too
many instances, however, when witnesses testify to a police execution instead of
―nanlaban‖. Some controversial cases in point include the killing by the police of minors
Kian de los Santos and Carl Arnaiz. Procedurally, however, the defense has to be invoked
in court and not used to forgo investigation entirely.24
Very few cases, however, have been filed giving the police a sense of impunity as
President Duterte promised to even pardon them should they be convicted in court.
This submission posits that majority, if not all, of these killings were orchestrated,
premeditated, and treacherously committed by the police and state forces in their official
capacities – in essence, murder, either ordered, incited, goaded, encouraged, tolerated
or sanctioned by President Duterte.
Police reports predictably state that during a buy-bust operation, the ―suspect‖
resisted arrest, pulled out a handgun, and fired at the policemen. Police will then have to
―retaliate‖ and ―neutralize‖ the ―suspect‖. According to the crime scene report (scene of
the crime operations, or SOCO), sachets of illegal drugs and/or handguns were also
supposedly found at the scene of the crime.
Witnesses, family members or neighbors, can strongly belie the statements of the
police. Djastin Lopez was by the side of the railroad tracks with a friend, drinking
softdrinks from plastic bags. When the police came running into the area, the two friends
were disoriented and went separate ways. Lopez‘ friend Christopher ran into a narrow
24 Under Section 1, Article 11 of the Revised Penal Code of the Philippines, the following do not incur any
criminal liability: ―Anyone who acts in defense of his person or rights, provided that the following
circumstances concur; First. Unlawful aggression. Second. Reasonable necessity of the means employed to
prevent or repel it. Third. Lack of sufficient provocation on the part of the person defending himself.‖
25 See generally, the Reuters investigative report series on President Duterte‘s ―war on drugs‖ at
https://www.reuters.com/investigates/section/philippines-drugs/. Operation Kill, November 27, 2017,
available at: http://fingfx.thomsonreuters.com/gfx/rngs/PHILIPPINESDRUGWAR/010051VF46X/index.html.
(Describes the modus operandi.) Clare Baldwin and Andrew R.C.
Marshall, Police tell one story of what happened in Barangay 19. Security cameras tell another, Reuters,
November 27, 2017, available at: https://www.reuters.com/investigates/special-report/philippines-
drugssurveillance/. (Focus is on one particular incident.)
Also see: ABS-CBN investigative six-part report series at: http://news.abs-cbn.com/war-on-drugs. Juni
Gonzales and Fernando Cabigao Jr., [Jonathan Cellona, photos], 'Oplan Tokhang‘: From tagging to killing,
ABS-CBN News, undated, available at: http://news.abs-cbn.com/war-on-drugs/part4. (Describes the
modus operandi.) All links last accessed on August 26, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
12
alley and survived. Djastin came head on unto the path of armed policemen, and was
dead within minutes.
In the case of Sabangan and Vitales, they were watching late-night television in
the former‘s living room. Sabangan‘s sister Mariel Sabangan had left the two glued to the
screen and went upstairs to sleep, just a few minutes before the police forced their way
in. Salvador Locasia was passing along a neighbor‘s wake when armed men grabbed
him. All four died in the dubious police operations.
Drug-related murders
Many other murders happen outside the official auspices of police operations. On
top of official police data, these murders when included in the number of ―tokhang‖
deaths tack up the number to between 10,000 to 23,000 persons according to media.
As of February 2017, a national newspaper the Philippine Daily Inquirer tallied a
total of 2,127 killed by police and unknown hitmen.26 As of April 2017, the media outfit
Rappler tacked the total number of dead at minimum 7,080 persons. This was a
calculation based on police figures of all reported deaths as of January 2017.27.
Deaths under investigation (DUIs), or as recently reclassified, homicides under
investigation is the catch-all category for cases of bodies found in the streets, those
without leads and cold case investigations. As of March 23, 2017, the PNP reported that
it had a total of 6,364 homicides under investigation, with about one fourth of the cases
determined with drug-related motives.28
Deaths of this type were rampant in the first few months of ―tokhang‖. In the most
chilling vigilante-style killings, early corpses were discovered bound in packing tape with
cardboard signs labelling them as drug pushers.29 In stark contrast to police operations
done in the stealth of the night, masked men plied the streets and shot people most
times in broad daylight.
Media is so overwhelmed by the number of killings that it cannot report all the
heinous assassinations that take place. Police downplay the character of these killings
and do not categorize these as drug-related, keeping the official numbers low. But the
26 The newspaper also published the names of the dead in the article The Kill List, Inquirer.net, July 7,
2016, available at http://newsinfo.inquirer.net/794598/kill-list-drugs-duterte. Last accessed on August 26,
2018.
27 Rappler‘s tally:2,555 suspected drug personalities killed in police operations, as of January 31, 2017
3,603 victims in cases of deaths under investigation, as of January 9, 2017
922 victims in cases where investigation has concluded, as of January 9, 2017
Michael Bueza, IN NUMBERS: The Philippines' 'war on drugs', updated April 23, 2017, available at:
https://www.rappler.com/newsbreak/iq/145814-numbers-statistics-philippines-war-drugs. Last accessed
on August 26, 2018.
28 Report of the PNP PIO on the Recapitulation of Homicides under Investigation as of July 1, 2016 to
March 5, 2017 showed that were 5,882 homicides and 6,364 deaths under investigation. For context, the
PNP PIO report also released a Recapitulation of Murder Cases under Investigation as of January 29, 2017
and March 5, 2017. The three reports are attached collectively as Annex ―C‖.
29 Jodesz Gavilan, In the PH drug war, it's likely EJK when…, Rappler.com, updated May 14, 2017.
available at: https://www.rappler.com/newsbreak/iq/169726-extrajudicial-killings-philippines-drug-warpatterns.
Last accessed August 26, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
13
official data has been consistently questioned by human rights groups, who have facts
and reason to contradict it.
In its March 2017 report ―License to Kill‖, the international non-governmental
organization Human Rights Watch found, after a study of 24 incidents, that there is little
distinction between police operations and vigilante killings. ―[T]he similar modus
operandi in these operations shows planning and coordination by the police, and in some
cases, local civilian officials,‖ the HRW concluded. ―Furthermore, the government‘s
failure to arrest — let alone prosecute — a single police officer for their role in any of the
‗war-on-drugs‘ killings that Duterte has encouraged and instigated sends a message that
those involved need not fear being held to account, and that future killings can be
carried out with impunity.‖30
Deaths in detention
On August 2, 2018, Allan Rafael and a companion were accosted by police at a
checkpoint in Manila. According to the police, they breached public peace and allegedly
had in their possession two sachets of methamphetamine or shabu. Four days later,
Allan was declared dead.31
Allan was a former overseas Filipino worker, a chef, who had to stop working
when he was stricken by cancer. He was in the midst of undergoing chemotherapy when
he was arrested, but was responding well to treatment and was expected to make a full
recovery. His relatives believe the cause of death is by beating, inside the station, while
the family was mobilizing resources for his release.
32
Another is a charge of double murder for father and son Luis and Gabriel Lois
Bonifacio.35 In September 2016, at the height of the killings in Caloocan, police came
charging into the slums as the clock struck midnight. They crammed themselves into the
Bonifacio house, woke the family with their guns, and ordered the sleeping women and
children out. The last instance widow Mary Ann Domingo saw of her husband was him
kneeling, his arms up, asking if he could put on his shirt first; of her eldest son, clinging
to his father and pleading with the police to spare their lives. Father and son were shot to
death using the same contrived reason—they had guns and fought back.
The murder of Eric Sison, who was riddled with 14 gunshots is an example of a
case where the evidence of a rubout is apparent.36 Policemen drove up in a patrol car
and saw Sison drinking with some friends, outside his house in Pasay City. One of them
pulled Sison up and whispered something. Sison said, ―huwag po‖ (please don‘t) and ran
toward his house. Police drew their guns, pursued and shot him to death. Even the
government‘s own investigation arm, the National Bureau of Investigation was forced to
admit that the wound trajectories gave the impression that the victim was shot while
running up the stairs of his residence and while lying down hiding under a mattress.37
The three murder cases, two years in, are still pending investigation or trial, and
share the same version of the police narrative. The ―suspects‖ were caught in a buy-bust
operation, resisted, and fought back with handguns - even if they were not threats to the
police, even if they were, verily, surrounded by armed men, even if they were kneeling
and incapacitated. Common to them all, other than they were suspected of dealing in
illegal drugs, is that they are poor — Morillo is a vendor, the elder Bonifacio, a barangay
tanod (village guard); the younger Bonifacio, a waiter; and Sison, a tricycle driver. More
importantly, also common is the fact that these very few cases remain pending in courts
years after they have been filed.
This type is the ―perfect‖ victim – they keel over helplessly in so many ways before
and after the incident. Poverty and poor access to justice in the Philippines soundly
exacerbate the problem. In the face of superior force and labyrinth processes, they are
mostly clueless on how to deal with, and more so, defeat the system.
Fueling impunity is the difficulty of the victims‘ families to access the justice
system after President Duterte threatened to include even the lawyers of drug suspects
in his drug war: ―They [the drug suspects] were able to post bail because they have
lawyers. They are good, high-profile lawyers. Then [their clients] will play again,‖ President
August 26, 2018. Morillo and his family were granted protection via writ of amparo, docketed as Morillo v.
PNP, G.R. No. 229072, January 31, 2017.
35 Docketed as OMB-P-C-17-0149, under preliminary investigation pending before the Office of the
Ombudsman. See Annex ―D‖, Police Reports of Incident with Pending Murder Charges. Particularly in the
case of Bonifacio, there is a Report on Shooting Encounter dated September 15, 2016, a Spot Report
dated September 15, 2016, and an After-Operation Report dated September 16, 2016 from the Caloocan
Police District.
36 See Annex ―D‖, Police Reports of Incident with Pending Murder Charges. Particularly in the case of Sison,
there is an Incident Report dated August 23, 2016, a Progress Report dated August 26, 2018, and a 2nd
Progress Report dated August 31, 2016 from the Pasay City Police Station.
37 Ghio Ong, 3 Pasay cops charged for ‗tokhang‘ murder, Philippine Star, June 5, 2017, available at:
https://www.philstar.com/metro/2017/06/05/1707130/3-pasay-cops-charged-tokhang-murder. Last
accessed on August 26, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
15
Duterte said an expletive-laced speech in December 2017. He then warned: ―Even their
lawyers, I will include them.‖38
Lawyers of drug suspects have in fact been killed such as Atty. Rogelio Bato, the
lawyer of Albuera, Leyte Mayor Rolando Espinosa and his son Kerwin who were allegedly
on Duterte‘s drug list. The latest is Atty. Rafael Atotubo who was killed by unidentified
assailants riding in tandem on August 23, 2018 in Bacolod, Negros.
With President Duterte promising virtual immunity to the police, it is pointless for
the victims. It takes great effort for them to understand, and much more, to transcend
their victimhood.
His public pronouncements are replete with his lack of respect for human rights
and institutions of public accountability. Beyond words, he has also attacked these
institutions for daring to remind him of his duty to respect and protect human rights.40 He
is intolerant of dissent and has several times attacked those who disagree with his
publicly-admitted policy of mass murder using his presidential platform and powers, as
exemplified by the arrest of former Justice Secretary Leila de Lima and the unorthodox
removal of the Philippine Supreme Court Chief Justice Maria Lourdes P.A. Sereno.41
He has refused to acknowledge accountability by ensuring his control of
accountability mechanisms such as the prosecution system and the courts, going after
38 Marlon Ramos, Duterte warns drug lords‘ lawyers, Philippine Daily Inquirer, December 9, 2016,
available at: http://newsinfo.inquirer.net/852028/duterte-warns-drug-lords-lawyers. See also: Tetch
Torres-Tupas, IBP: Duterte remark on drug suspects‘ lawyers ‗very dangerous‘, Inquirer.net, December 9,
2016, http://newsinfo.inquirer.net/852229/ibp-duterte-remark-on-drug-suspects-lawyers-very-dangerous.
Last accessed on August 26, 2018. Video clips of his speech available at: https://youtu.be/gbazuUxIA28.
39 "You Can Die Any Time": Death Squad Killings in Mindanao, Human Rights Watch, April 6, 2009,
available at: https://www.hrw.org/report/2009/04/06/you-can-die-any-time/death-squad-killingsmindanao. Last
accessed on August 26, 2018.
40 President Duterte has threatened to abolish the office and given it an unreasonable budget. See
generally, Nestor Corrales, Duterte threatens to abolish CHR, July 25, 2017, available at:
http://newsinfo.inquirer.net/917250/duterte-threatens-to-abolish-chr. Tina Joyce Laceda, Gascon had it
coming – Duterte on CHR budget, PTV News, September 13, 2017, available at:
https://www.philstar.com/headlines/2017/09/13/1738713/duterte-p1000-chr-budget-gascon-had-itcoming, with
video available at: https://youtu.be/0Xm19Ukfo94. Last accessed on August 26, 2018.
41 See generally, TIMELINE: De Lima – from drug probe to arrest, Rappler.com, updated February 24, 2017,
available at: https://www.rappler.com/newsbreak/iq/162416-leila-de-lima-arrest-timeline-drug-probe.
Senator Leila de Lima arrested in the Philippines, Al Jazeera, February 24, 2017, available at:
https://www.aljazeera.com/news/2017/02/leila-de-lima-arrested-philippines-170224003808389.html.
and Philippine chief justice Sereno, Duterte's critic, removed, Al Jazeera, May 11, 2018, available at:
https://www.aljazeera.com/news/2018/05/philippine-chief-justice-sereno-duterte-critic-removed-
180511065453926.html. Jake Maxwell Watts, Philippines‘ Top Court Ousts Chief Justice, Critic of
Duterte‘s Drug War, The Wall Street Journal, May 11, 2018, available at:
https://www.wsj.com/articles/philippines-top-court-ousts-chief-justice-critic-of-dutertes-drug-war-
1526027374. Last accessed on August 26, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
16
dissenters exemplified by the imprisonment of the said Sen. Leila De Lima and hundreds
of activists, and at the same time protecting his subordinates verily involved in ―tokhang‖
as shown in his exoneration of Chief Supt. Marvin Marcos. Marcos was accused of
murder for serving a search warrant on a local mayor, a drug suspect, already detained in
prison. He and his men shot the mayor, claiming that the detained mayor pulled a gun
and they had no option but to ―retaliate.‖ Duterte ordered his reinstatement despite this
clear case of murder.42
Calls from the international community have fallen on deaf ears. In June 2018, 38
states raised concerns over the human rights situation in the Philippines at the 38th
session of the UN Human Rights Council. The statement delivered by Iceland reads in
part: ―We urge the government of the Philippines to take all necessary measures to bring
killings associated with the campaign against illegal drugs to an end and cooperate with
the international community to investigate all related deaths and hold perpetrators
accountable.‖43
President Duterte himself addressed the statements of concern from the UNHRC,
the UN High Commissioner for Human Rights, and the UN Special Rapporteur on Extrajudicial
Killings. ―If these fools come here, are there crocodiles here? The ones that eat
people? Throw those sons of bitches to them,‖ he told soldiers in Zamboanga City, in
southern Philippines.44
Worse, the system of extrajudicial killings that plagued the country for decades
continued under his regime and has risen to the highest form of impunity — when people
commit crimes because they can get away with it.
Not only has President Duterte‘s anti drug and anti-criminality policy resulted in
the death of thousands of civilians, but the culture of impunity that it has spawned also
escalated the extrajudicial killing of activists, opposition and ordinary people asserting
their rights.
ILLUSTRATIVE CASES
Rise Up for Life and for Rights, an ecumenical group that assists and consolidates
victims of the war on drugs, has prepared a set of illustrative cases to show how
gruesome the human rights violations committed by the Duterte administration are.
42 Jullliane Love De Jesus, Senate probes reinstatement of Marcos, cops who killed mayor, Inquirer.net,
June 26, 2017, available at: http://newsinfo.inquirer.net/917616/senate-probes-reinstatement-ofmarcos-cops-who-
killed-mayor. Last accessed on August 26, 2018.
43The full statement is available at: https://www.iceland.is/iceland-abroad/efta/news/statement-oficeland-on-the-
human-rights-situation-in-the-philippines/13825/. Last accessed on August 19, 2018.
Iceland spoke in behalf of: Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Ireland, Italy, Latvia, Liechtenstein,
Lithuania, Luxembourg, Malta, Macedonia, Montenegro, the Netherlands, New Zealand, Poland, Portugal,
Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, the United Kingdom, and the United
States.
44 Alexis Romero, Duterte: Feed United Nations rights experts to crocodiles, March 12, 2018, available at:
https://www.philstar.com/headlines/2018/03/12/1795923/duterte-feed-united-nations-rights-expertscrocodiles. Last
accessed on August 26, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
17
Sabangan
Bernabe Sabangan dabbled in the drug trade as a small-time courier because of
poverty. For a few months, when money was tight, he became a ―runner‖ for the bigger
pushers, delivering at most P200 ($4) worth of shabu at a time. He did not use drugs,
says his sister, and quit the business entirely when Duterte came to power. He was afraid
for his life, said Mariel Sabangan.45
Bernabe ―surrendered‖ to authorities by coming clean to his barangay captain. He
was not put on any rehabilitation program because he wasn‘t a user. But police later
went after him, claiming, he kept at the business.
As aforementioned, in May 2017, while watching late night television with his
friend Arnold Vitales, police swarmed into his house. His sister‘s family, who had just
retired for the night, was roused by shouting from downstairs no more than five minutes
after. Armed men then barged into their bedroom and forced them out of the house.
Passing by the living room, Mariel saw Bernabe lying prone, handcuffed. Arnold
was sitting on a chair, crying and pleading with the police. Many armed men surrounded
them, with their guns trained on the two. All other people inside the shared house were
ushered out, leaving the two men with the police.
When Mariel was outside the house, she heard gun shots, in short succession.
Arnold‘s elder sister, Angelica, then came around looking for her brother. None of them
were allowed into the house or given information. For about thirty minutes, the police
kept their place and were observed playing ball outside the house.
It was around 11:30 pm when officials from the barangay and investigators came
to the scene. Two bodies, wrapped in bloodied blankets, were taken out and sent to the
hospital. Bernabe and Arnold were declared dead on arrival. A funeral company
processed the two bodies, with prior arrangements for discounts courtesy of the vice
mayor‘s office.
When Mariel returned home, their television set, watches, two cellphones and
other personal belongings, as well as the motorcycle of Mariel‘s husband were missing.
The incident was reported by the police and portrayed in the media as a buy-bust
operation conducted by joint elements of the Quezon City Police District (QCPD) and the
Philippine Drug Enforcement Agency (PDEA). The district police chief announced that the
two were on a drug ―watchlist.‖ Sachets of shabu, two handguns, and an improvised
shotgun were allegedly found at the scene.
Locasia
Salvador Locasia Jr. was allegedly on the barangay drug list of Bagong Silangan,
Quezon City, but this was not confirmed. Bongbong, as he was fondly called, used to be a
45 Attached as Annex ―E‖ is a compendium of Case Profiles. For Sabangan‘s killing, included is a summary,
the affidavit of Mariel Sabangan, and the police report.
small-time peddler and runner, when he needed the money for his family. Eventually, he
settled into a stable, though not as lucrative, job as side cardriver. 46
On a busy weeknight in August 2016, barely a month after President Duterte had
taken oath, he was killed by four policemen near a neighborhood wake. Witnesses
claimed that after a known police asset came by, four policemen arrived and directed
everyone keeping vigil at the wake, except for Bongbong, to run away.
Police then turned off the lights thereabouts, including those around the casket.47
They dragged Bongbong away to a dark place. The witnesses then heard gunshots, and
saw Bongong‘s bloody body on the ground.
The police reported it as a buy-bust operation, complete with coordination forms
and marked money. Bongbong, on his own, had fought back against a team of 20 police
operatives, for about P200 worth of shabu, the police claimed.
Bongbong‘s mother Irma Locasia tried to raise funds for her son‘s wake and
funeral. After relaying the situation to a local barangay official, the official remarked, ―ah,
para sa anak mong adik? [oh, for your son who is an addict?]‖. Irma denies that her son
ever used drugs.
Lozano
Brothers Crisanto and Juan Carlos Lozano were killed by the police in an alleged
response to a robbery incident in May 2017. A robbery had been reported near a major
thoroughfare in the wee hours of the morning in Quezon City, said the police report.
Three men allegedly took the mobile phone of the victim at gunpoint, and then boarded a
passenger jeepney48.
Police caught up with the trio a few miles down the highway and in a shoot out,
managed to kill them all. On their bodies were found sachets of illegal drugs and guns,
the police report stated.
Crisanto and Juan Carlos were on the barangay drug list, their sister Maria Lozano
said, but it was because of previous record of petty thievery. Now near their thirties and
pressed with filial obligations, the two had moved on with their lives. 49
The day before they were killed, the brothers had gone out early to see an uncle
who was helping them get clearances and referrals for work. When neither brother
contacted family even later in the day, their mother grew worried.
Friends and family began scouring nearby barangay halls and precincts, anxious
that the two might have been picked up by police. Mid-morning the following day, an
46 See Annex ―E‖, compendium of Case Profiles. For Locasia‘s killing. Included is a summary, the affidavit
of Irma Locasia, and the police report.
47 It is common for wakes of the poor to be held along the alleys of their communities, open for all and only
under the shelter of canopies.
48 Public transportation vehicles commonly plying the roads in the Philippines. They are open-type vehicles
and were adapted with extended seating from U.S. military jeeps.
49 See Annex ―E‖, compendium of Case Profiles. For the Lozano killings, included is a summary, the
affidavit of Maria Lozano, the police report.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
19
anonymous caller told Crisanto‘s wife to watch the news on YouTube. Only after then,
following the police instructions, were Maria and her family able to track the bodies.
Because the brothers were initially not identified, their bodies had already been
taken from the morgue by the police-accredited Light Funeral Parlor. The funeral parlor,
allegedly owned by a policeman, took all unclaimed bodies from the police and
processed them for a fee. The funeral charges vary from case to case.
For the Lozano brothers, it went from Php112,000 down to 75,000 over several
days of hard bargaining. Strapped for cash, Maria agreed to pay Php50,000 just so the
bodies could be released and set up for the wake. Light Funeral refused to release the
death certificates required for the burial until the remainder of Php25,000 was paid.
Maria scraped up the money while her brothers lay in state. Light Funeral offered to
apply the case for subsidy by the city vice mayor. Suspicious of the liability waivers, the
Lozanos however declined. It felt like a hostage situation with the funeral parlor, Maria
said, and then they wanted to get away with it.
In its report released in January 2017, Amnesty International noted the practice of
police-established dealings with funeral homes. ―Police investigators appear to be
running a racket with funeral homes,‖ it said. Citing sources, it bared that police get a
percentage of the fees, in cash, for every dead body sent to the funeral homes.50
In an effort to link drugs to criminality, police portray the victims as petty criminals
Lopez
Djastin Lopez was along the railroad tracks of Tondo, Manila, whiling away time
with friends. He was perched on the tracks drinking softdrinks with a friend when a group
of armed policemen suddenly came running.
Panicked, Djastin ran, but tripped along the tracks in front of one armed man.
Witnesses, including Mary Rose Dela Cruz, from whom Djastin had bought softdrinks,
said he fell on his back on the railroad tracks. People nearby attested that he raised his
hands and pleaded to the men, "huwag po, huwag po, suko na po ako." (Please don't.
Please don't. I surrender). 51
The policeman shot him and shoved him down. Djastin was seen convulsing
violently, possibly because he had epilepsy. Seemingly taken aback, the policeman
slapped Djastin's face and shot him again. He slapped Djastin again, checking if Djastin
was still moving. Other policemen also came to see for themselves the matter. They also
shot Djastin, lying bloody on the tracks.
The official police report stated that the incident was a buy-bust operation. But
upon inquiry by Djastin‘s family, policemen tried to turn the story around, saying that he
50 The full report is on their website. Philippines: The police's murderous war on the poor, Amnesty
International, January 31, 2017, available at:
https://www.amnesty.org/en/latest/news/2017/01/philippines-the-police-murderous-war-on-the-poor/.
Last accessed on August 26, 2018.
51 See Annex ―E‖, compendium of Case Profiles. For Lopez‘ killing, included is a summary, the affidavit of
Normita Lopez, and the police report.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
20
was a suspect in a murder of a tricycle driver a month prior. Officially responding to the
complaint by Normita Lopez, Djastin‘s mother, before the Office of the Ombudsman,
police said that the operation was a ―follow-up‖ to the alleged murder of one Michael
Turla. They presented the affidavit of an alleged witness, dated April 2018. Normita is
clueless as to how Djastin got involved. She says she had no idea, and that no charges
had been filed against Djastin. Asking around, she says the alleged witness had been for
a long time detained at the police station.
Dacumos
Danilo Dacumos, who lived with his family in a big slum area in Caloocan City was
often caught petty gambling. He probably ended up on a drug list, says his family,
because of prejudices. 52
Danilo was caught in April 2017 playing cards with friends and was released after
a few days, on ―ransom‖ by the police.53 Several months later the police came back and
barged into their one-room home.
Purisima Dacumos, his wife, says that she recognized the same policeman who
introduced himself as Chief of Police in April as one of those who came back. Several
armed policemen came to their home in August 2017, at around 10:30 pm, while the
Purisima and her grandchildren were already in bed. The police forced open the door and
shouted the women and children to leave the house. Danilo was left behind, with the
police poised by the narrow doorway.
Seconds later, Purisima says she saw the police chief fire his armalite through the
doorway. Another policeman fired his pistol at something, or someone, inside the house,
she recalls.
Other policemen stood by the neighbor‘s houses to keep people at bay away from
the Dacumos house. A policeman told Danilo‘s daughter-in-law, who was in the
apartment room above Purisima‘s, ―[s]ana pinatakas niyo na lang ang tatay niyo dahil
yan ang utos ni Duterte, na patayin ang mga adik.‖ (You should have made him flee
because that is the order of Duterte, to kill addicts.)
Danilo sustained three gunshot wounds on his neck, one gunshot wound above
his ear, another gunshot wound on his hand, abrasions and a fractured arm. The police
claimed Danilo shot at them first.
52 See Annex ―E‖, compendium of Case Profiles. For Dacumos‘ killing, included is a summary, the affidavit
of Purisima Dacumos, and the police report.
53 ―Hulidap‖ is a portmanteau of the Filipino words for ―catch‖ and ―hold-up‖. It generally refers to the
practice of police negotiating and extorting money from people who are takeninto custody, officially or
unofficially. In the context of the anti-illegal drug war, it has morphed into a modus operandi of arresting
alleged drug personalities, and then demanding money their relatives for their release and/or withdrawal
of formal charges. The PNP maintains these are committed by rogue cops. See generally, Maan Macapagal,
'Hulidap' cops using war on drugs for extortion: PNP official, ABS-CBN News, August 14, 2017, available at:
http://news.abs-cbn.com/news/08/14/17/hulidap-cops-using-war-on-drugs-for-extortion-pnp-official. Last
accessed on August 24, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
21
Because of the ―quota‖ system, many victims do not have ties to the drug trade at all
The killings are also said to be rampant because of a ―quota‖ and reward
system.54 The ―quota‖ system requires police stations to meet targets, otherwise it is
considered in default and unsupportive of the campaign. A rewards program gives
incentives to the police to not only meet, but to exceed those targets.55
David
John Jezreel David, nicknamed "JJ", a hotel room attendant in a Pasay City Inn,
was last seen alive on January 19, 2017. After his shift that ended early morning, he said
goodbye to his boss, and then took on his friend as passenger on his motorcycle home.
His father next saw him in the hospital morgue, cold and lifeless. After haranguing and
pulling strings, police returned JJ‘s motorcycle – repainted black – to the family. They all
next met at the prosecutor‘s office, where police had filed drug selling charges against
JJ.56
The police report says JJ, his companion Kim Ocenar, and one George Yap were
killed by operatives of Police Station 11 of the Manila Police District in Binondo, Manila,
in an alleged buy-bust operation at Delpan corner Lara Streets. Police reports claim that
the three were armed drug suspects who fought back against the police during the
operation, sustained wounds, and were brought dead-on-arrival at Justice Abad Santos
General Hospital.
JJ, Kim, and George had no record of relation to the drug trade in their respective
areas, and were probably accosted somewhere. JJ‘s father Dennise says his son might
have been flagged along Jones Bridge and taken into custody because JJ only had a
student driver‘s permit.
The arrival of the bodies of JJ, Kim and George at the hospital were covered by
Reuters in a chilling special report, ―Dead on Arrival.‖57 The report tracks procedural
issues and mistakes by the police in the course of investigation, and shows their horrible
indifference. In a damning clip inside the hospital grounds, after something falls off one
of the dead men‘s pockets, a policeman casually puts it back in. The police later claims
sachets of shabu were found in JJ‘s pocket.
In an effort to vilify JJ, Kim and George and justify their killings, the police who
took part in the operation charged the deceased with violation of the Comprehensive
Dangerous Drugs Act. After police readily admitted the death of the ―suspects‖, the
54 Manuel Mogato and Claire Baldwin, Special Report: Police describe kill rewards, staged crime scenes in
Duterte's drug war, Reuters, April 18, 2017, available at: https://www.reuters.com/article/us-philippinesduterte-
police-specialrep/special-report-police-describe-kill-rewards-staged-crime-scenes-in-dutertes-drugwar-
idUSKBN17K1F4. Last accessed on August 26, 2018.
55 Lara Tan, War vs. poor: Police paid per drug killing – Amnesty International, CNN Phillipines, February 2,
2017, available at: http://cnnphilippines.com/news/2017/02/01/war-on-drugs-extrajudicial-killingDuterte-Amnesty-
International.html. Last accessed on August 26, 2018.
56 See Annex ―E‖, compendium of Case Profiles. For David‘s killing, included is a summary, the affidavit of
Dennise David, and the police report.
57 Claire Baldwin and Andrew R.C. Marshall, Dead on Arrival: Philippine police use hospitals to hide drug
war killings, June 29, 2017, available at: https://www.reuters.com/investigates/special-report/philippinesduterta-
doa/. Last accessed on August 26, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
22
Manila prosecutor‘s office hastily dismissed the case, because in Philippine law death
extinguishes criminal liability – the case should not have been filed in the first place.
Dennise, thoroughly aggrieved, believes that the case was intentionally filed to
portray his son as a criminal. Thus, he filed criminal and administrative complaints
against the police operatives involved in the killing of his son in February 2018,
contesting allegations that JJ was involved in illegal drug-related activities and showing
proof of his son‘s innocence. This complaint is yet unresolved before the Office of the
Ombudsman.
DISCUSSION
Complainants herewith argue and prove that President Duterte is liable for Crimes
Against Humanity under the Rome Statute.
1. Article 7, paragraph 1 (a) of the Rome Statute provides that the act of
murder is a crime against humanity if "committed as part of a widespread or systematic
attack directed against any civilian population, with knowledge of the attack‖.
2. President Duterte publicly announced his policy to end the ―illegal drug
problem‖ in the Philippines through the killing and elimination of those he sweepingly
labels as drug addicts, drug pushers and drug syndicates during his campaign for the
Presidency and reiterated the same when he became President of the Philippine
Republic.
58 Before his election win, during the campaign, Duterte said 100,000 people would die in his crackdown,
with so many dead bodies dumped in Manila Bay that fish there would grow fat from feeding on them.
Duterte to criminals: Tataba yung isda sa Manila Bay, dyan ko kayo itatapon, ABS-CBN News, May 25,
2015, available at: http://news.abs-cbn.com/video/nation/05/25/15/duterte-criminals-tataba-yung-isdasa-manila-bay-
dyan-ko-kayo-itatapon. Video is available at:
https://www.youtube.com/watch?v=efeclWJ6fYw&feature=youtu.be. Last accessed on August 20, 2018.
59 Kill the criminals! Duterte‘s vote-winning vow, Agence France-Presse, March 16, 2016, available at:
http://newsinfo.inquirer.net/774225/kill-the-criminals-dutertes-vote-winning-vow. Last accessed on
August 24, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
23
3. He publicly declared that ―If you know of any addicts, go ahead and kill
them yourself as getting their parents to do it would be too painful.‖61
4. After he assumed the presidency on July 1, 2016 thousands of civilians
have been killed either by the police or vigilante assassins usually riding in tandem in
motorcycles. The numbers vary, depending on the source, but it runs into thousands :
5. The victims are civilians, and the attacks were directed against the civilian
population because they are ―persons who are civilians as opposed to members of
armed forces and other legitimate combatants"65. The government has in fact admitted
that most of these killed are civilians in their report by differentiating those killed who
come from government and the military.
(1) For those killed during police operations—the usual modus is a police
―buy-bust-operation‖ which results in the death of the victims for
allegedly resisting arrest (―nanlaban‖).66 As aforesaid, at least 4,410
have died in these police operations as of July 31, 2018.
(2) For those killed by unidentified vigilantes or undercover police—the
usual modus is the killing of the victim by at least two unidentified
assassins usually wearing helmets, riding in tandem in a motorcycle,
with the gunman astride at the back of the driver. Although the exact
number cannot be clearly ascertained, these kind of killings run to
several thousands 67
8. They were so widespread that the number of death of suspects in the
hands of the police number in the thousands.
8.1. The government has admitted that there is a spike in the number of
deaths as result of their anti-drug and anti-criminality operations.68 The police,
however, justified the killing of drug suspects on the uniform ground that the
victims fought it out with police (―nanlaban‖).
8.2. The attacks were widespread as they happened in almost all the
regions of the country.
9. Within the first 13 days of President Duterte‘s term, 135 people had been
killed in anti-drug operations in ten (10) out of the eighteen (18) regions of the country,
as follows:69
a) Central Luzon Region - 55 killed in police operations
b) Metro Manila Region - 44 killed
c) Calabarson Region - 17 killed
d) Ilocos Region - 6 killed
e) Socksargen Region - 5 killed
f) Bicol Region Region - 3 killed
g) Central Visayas Region - 2 killed
h) Cordillera Admin Region - 1 killed
i) Caraga Region - 1 killed
j) Davao Region - 1 killed
66 See note 26 and Annex ―I‖, a compendium of police reports.
67 Attached is a compendium of police reports of riding in tandem incidents as Annex ―F‖.
68 Between July 1, 2010 to June 30, 2016, a period of six years, there were 99,710 anti-illegal drug
operations conducted by the government. In comparison, from July 1, 2016 to February 8, 2018, just two
years of Duterte, there were 85,068 operations. Official transcript of the Real Numbers press briefing with
the PCOO, PDEA, and PNP on February 14, 2018 is available at:
https://pcoo.gov.ph/wpcontent/uploads/2018/02/20180214-
Real_Numbers_Press_Briefing_with_PCOO_Assistant_Secretary_Ana_Marie_Banaag....pdf . Last accessed
on August 26, 2018. See Annex ―A‖, compendium of Speeches of the President..
69 PNP Data on the Drug War: In 2 weeks: 135 killed, 1,844 arrested, 66K ‗surrenderees,‘ 43K homes
‗visited‘, PCIJ, July 14, 2016, available at: http://pcij.org/stories/in-2-weeks-135-killed-1844-arrested-
66ksurrenderees-43k-homes-visited/. Last accessed on August 26, 2018. .
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
25
10. Thousands died in the hands of the police and during police operations
subsequently—ALL OVER THE PHILIPPINES. A report by the police itself on the number of
those killed during drug operations as of September 26, 2017 admitted the nationwide
mass murder that went on after that in all the regions of the country in Luzon, Visayas,
and Mindanao:70
Region I - 188 killed in drug operations
Region II - 54
Region III - 619
Region IV-A - 364
Region IV-B - 5
Region VI - 33
Region VII - 37
Region VIII - 61
Region IX - 45
Region X - 43
Region XI - 71
Region XII - 162
Region ARMM - 7
Region CAR - 40
National Capital Region - 1336
11. These suspects were summarily killed and were not resisting arrest as
proven in certain cases such as:
(1) The case of Efren Morillo and the killing of Marcelo Daa Jr, Jessie Cule,
Rhaffy Gabo and Anthony Comendo
Tokhang‘ survivor sues four policemen for murder71
Vince F. Nonato Philippine Daily Inquirer / 12:31 PM March 03, 2017
Efren Morillo, the lone survivor of a bloody drug raid in Quezon City, has filed a criminal
complaint against four policemen and their informants in yet another legal challenge
against the government‘s controversial campaign.
Morillo filed a complaint for murder, frustrated murder, robbery, and planting of drugs
and firearms before the Office of the Ombudsman. This comes a month after he became
the first victim of Oplan Tokhang to petition the Supreme Court for protection under the
writ of amparo.
The filing of the complaint also comes in the wake of the government‘s pronouncements
that Oplan Tokhang, which has been criticized for violating the right to due process, will
soon be revived after it was halted only in January.
Named respondents were Police Senior Inspector Emil Garcia, Police Officer 3 Allan
Formilleza, Police Officer 1 (PO1) James Aggarao, and PO1 Melchor Navisaga, who were
formerly detailed with the Quezon City Police District Station 6.
Also sued were their purported informants Lea Barcelona, Mary Joy Ralo, Lorie Barcelona,
and Richard Andan alias ―Manok.‖
70 Id.
As was the case with the petition for amparo at the SC, the Center for International Law
(Centerlaw) also assisted Morillo in filing the Ombudsman complaint.
When Morillo and the relatives of four killed suspects sought protection from the police,
the government through the Office of the Solicitor-General did not contest the pleading
when the case was remanded to the Court of Appeals.
The appeals court swiftly issued on Feb. 10 a permanent protection order directing the
policemen‘s reassignment and prohibiting them from coming within a one-kilometer
radius of their homes and workplaces. It also ordered the Philippine National Police to
stop implementing Oplan Tokhang against Morillo and his copetitioners, and inform them
of the results of an internal investigation into the incident./rga
Communication and Complaint by Rise Up for Life and for Rights
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(b) The attack on Barangay Councilor Jessielou Cadungog on July 30, 2018
in Cebu City, Central Visayas Region 75
Anti-drug cop killed
Nestle L. Semilla and Ador Vincent S. Mayol|July 30,2018, 10:48 PM
Parian policeman tried to ambush village dad but was gunned down by his bodyguard;
PRO-7 claims cops on surveillance operation when shot, and orders arrest of brgy official.
Tejero Barangay Councilor Jessielou Cadungog started changing his routine after
receiving a text message that he was the target of an assassination plot. Past 8 a.m. on
Monday, one of the two men on board a motorcycle tried to shoot at his heavily-tinted
Toyota FJ Cruiser along T. Padilla Extension in Cebu City.
74 Bea Cupin, Oriental Mindoro cops face murder raps over ‗riding-in-tandem‘ case, Rappler.com, updated
October 13, 2016, available at: https://www.rappler.com/nation/149058-oriental-mindoro-cops-facemurder-raps-
riding-in-tandem. Last accessed on August 26, 2018.
75 Nestle L. Semilla and Ador Vincent S. Mayol, Anti-drug cop killed, Cebu Daily News, July 30, 2017,
available at: http://cebudailynews.inquirer.net/187030/anti-drug-cop-killed. Last accessed on August 26,
2018.
Communication and Complaint by Rise Up for Life and for Rights
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But the attempt was foiled by Cadungog‘s bodyguard who shot and killed the assailant.
The attacker, however, turned out to be a policeman — PO3 Eugene Alcain Calumba, a
member of the Drug Enforcement Unit of the Parian Police Station in Cebu City.
Calumba‘s companion Michael Banua, an anti-crime volunteer, was collared by barangay
tanods and arrested.
Both Calumba and Banua have barcode tattoos on their left wrists.
But the story took a bizarre twist when the Central Visayas police sought to turn the
tables on Cadungog, saying it was the village official and his bodyguard who attacked
Calumba.
Chief Supt. Debold Sinas, head of the Central Visayas police, ordered the arrest of
Cadungog and his bodyguard for allegedly attacking Calumba
b. Likewise, the circumstances after the killings of John Jezreel David and
two others illustrate the attempt to vilify them by filing criminal charges,
after the fact of their death and even as against their heirs. In the
killings of Djastin Lopez and Crisanto and Juan Carlos Lozano, police
produced thereafter criminal records and documents, as if to justify
their deaths.
iii. The government‘s lack of interest to investigate and prosecute the crime
and the perpetrators.
14. Referring to the data released by Real Numbers by March 2018, there are
a total of 2,467 drug-related homicide incidents wherein 1,752 cases were under
investigation and 715 cases were solved.77 How these cases were ―solved‖ is not clear
from these police reports although it is common knowledge that this merely means a
suspect has been arrested or surrendered. In any case, with only 1,752 cases being
investigated out of the thousands of those who were killed whether by the police during
anti-drug operations, or by unidentified vigilante groups, it is almost impossible for the
victims‘ families to get speedy justice for the killing of their loved ones.
15. Despite an order from the Supreme Court to submit incident reports and
relevant documents, the government counsel has initially refused to provide these to the
petitioners and the public,78 indicating either failure to even record the incident or that
any investigation was undertaken.
76 ―Data provided by the Department of Justice show that as of March 27, 2017, there are 219 verified
cases of extrajudicial killings… 21 cases were on trial, 64 have been archived and 76 have been
terminated.‖ Of the terminated cases, only 9 were convicted and 11 were acquitted. The rest were
dismissed by the National Prosecution Service, the Ombudsman and the Supreme Court. Lian Buan, Is DOJ
turning a blind eye to EJKs? De Lima and Aguirre exchange claims, Rappler.com, July 21, 2017, available
at: https://www.rappler.com/nation/176307-leila-de-lima-aguirre-ejk. Last accessed on August 26, 2018.
77 PNP: 4,251 drug personalities killed, over 142K arrested in drug war, ABS-CBN News, May 7, 2018,
available at: http://news.abs-cbn.com/news/05/07/18/pnp-4251-drug-personalities-killed-over-142karrested-in-drug-
war. Last accessed on August 26, 2018.
78 Lian Buan, SC compels government to provide full Tokhang documentation, Rappler.com, April 11, 2018,
available at: https://www.rappler.com/nation/199457-supreme-court-compels-government-tokhangdocumentation.
With embedded link to Supreme Court resolution. Last accesed on August 26, 2018.
79 See Annex ―B‖, Real Numbers PH report card as of July 31, 2017.
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16.1. If this rule was followed, there should be at least 4,410 police
investigations at present. However, no inquest has been undertaken in most
instances.
17. President Duterte has knowledge of the killings and other attacks on the
civilian population, as a result or in the context of the ―war on drugs‖.
17.1. The spike in the number of deaths during police operations were
widely reported in the media as well as subject of the reports submitted to
President Duterte.81
17.2. The number of killings committed by supposedly unidentified
vigilante squads were also reported in the media as well as reports of the police
to President Duterte.
17.3. President Duterte has even publicly acknowledged these killings. In
fact, the Accomplishment Report of the Office of the President in December 2017
reported on its ―gains‖ in the anti-drug operations and reported on the number of
those killed.82 President Duterte in his accomplishment report boasted that a total
of 79,193 anti-drug operations were conducted from July 1, 2016 to November
27, 2017.83 The Accomplishment Report claimed that 118,287 drug personalities
were arrested, and 3,967 drug personalities died in the anti-drug operations in
80 PNP Manuals may be downloaded from their website. The PNP Operational Procedures (PNPM-DO-DS-3-
2-13) is available at: http://pnp.gov.ph/images/Manuals_and_Guides/pop_manual_2013-1.pdf. Last
accessed in August 24, 2018.
81 See note 77.
82 Bea Kirstein Manalaysay, Palace cites drug war accomplishment on year-end report, Philippine
Canadian Inquirer, December 26, 2017, available at:
http://www.canadianinquirer.net/2017/12/26/palace-cites-drug-war-accomplishment-on-year-endreport/. Last
accessed on August 26, 2018.
Excerpt: ―While the report had sections for the accomplishments of each department, it also allotted a
section called ―Fighting Illegal Drugs.‖ The section named ―#RealNumbers‖ cited figures from different
agencies.
It said that a total of 79,193 anti-drug operations were conducted from July 1, 2016 to November
27, 2017. 118,287 drug personalities were arrested, and 3,967 drug personalities died in the anti-drug
operations in the same time frame. However, the report said that 16,355 homicide cases from July 1,
2016 to September 30, 2017 are currently under investigation.
Meanwhile, it reiterated that from July 1, 2016 to July 26, 2017, those who surrendered reached
1,308,078, and that 4,747 barangays were declared drug-free as of November 27 this year.
The drug war section also cited the developments on the Philippine Drug Enforcement Agency
(PDEA) leading the campaign.
It also included the previous head of the said campaign – the Philippine National Police (PNP) –
and its internal cleansing, citing the dismissal of cops related to drugs and to the case of Carl Arnaiz, a 19-
year-old student whose death the cops were linked to
83 A copy of The Duterte Administration Year-End Report 2017 Key Accomplishments, with relevant pages,
is attached as Annex ―G‖.
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the same time frame. This shows that President Duterte evidently has actual
knowledge of the killings and the arrests going on all over the country.
17.4. And yet, despite the fact that he has publicly expressed his hatred
for criminality, President Duterte has never condemned much less ordered a
crackdown on vigilante killings, as if he does not consider killings by unidentified
armed men as criminal acts worthy of his condemnation.
17.5. President Duterte has encouraged ALL these killings and even
promised to back up and pardon members of his police should they be charged in
court.
In a speech, he has said: ―Kasi kung magkamali sila, pardon. [if
they commit a wrong, I will pardon them. ] The president can
grant pardon, absolute or conditional. Ang presidente hindi mo
mademanda o sige larga tayo. Giyera? O sige. Patayin mo lahat
ng mga p— i— iyan. ‗Sir, may kaso kami.‘ Pardon. [kill all the sons
of bitches. sir, we are being prosecuted.‘ Pardon] Ganoon
kakapal, good for one battalion. O fill in the blank. Pirmado ko na
iyan. Ilagay mo pangalan mo. 'Pag punta mo doon sa
Ombudsman, sa fiscal, oh, oh,‖ Duterte said.[this is how thick it
is, good for one batallion or fill in the blank. I signed it already,
just put your name, then you go to the Ombudsman or the
prosecutor, oh oh] 84
18. Based on the above facts and arguments, President Rodrigo Duterte is
guilty of Crimes Against Humanity for murder under Article 7, Paragraph 1 (a) of the
Rome Statute of the International Criminal Court.
II. President Rodrigo Duterte is criminally liable for the widespread and systematic
attack against civilians in the form of inhumane acts intentionally causing great
suffering, or serious injury to body or mental or physical health proscribed under
Article 7 Paragraph (k) of the Rome Statute under his anti-drug policy against drug
suspects including Oplan Tokhang, Double Barrel, Oplan Double Barrel Reloaded
policies.
19. Complainants replead the above mentioned factual context and illustrative
cases as part of their allegations under this charge.
20. Complainants further aver that the following acts constitute the inhumane
acts under Article 7 (k): namely the extra judicial killing of thousands drug suspects, the
illegal searches in thousands of houses, the arbitrary drug testing of thousands of
civilians even those not suspected of involvement in illegal drugs and the arrest of
84 Trisha Macas, Duterte promises pardon, promotion for law enforcers in legal trouble, GMA News, August
5, 2016, available at: http://www.gmanetwork.com/news/news/nation/576506/duterte-promisespardon-promotion-
for-law-enforcers-in-legal-trouble/story/. Last accessed on August 24, 2018.
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34
thousands under various policies such as Oplan Double Barrel and even the antitambay85 (anti
vagrancy campaign):
20.1. All the above acts in Paragraph 14 were undertaken by President
Duterte through his drug war policy.
21. Complainants assert that the orders to kill were ingrained in the publicly
declared statements of President Duterte exhorting the police and the people to kill drug
addicts because they are, in his words, ―not human‖:87
22. The constant and infinite hate speech against suspected, mostly petty,
drug users by President Duterte is enough public verbal incitement to kill them. This is
taken in the context of the Davao Death Squad vigilante killings, allegedly upon his
orders when he was mayor of the city. Indeed, his public statements become clearer
when he brags about his record in Davao City.88
85 Matthew Reysio-Cruz, No letup in anti-‗tambay‘ drive: 26,792 arrested, Philippine Daily Inquirer, July 3,
2018, available at: http://newsinfo.inquirer.net/1006341/no-letup-in-anti-tambay-drive-26792-arrested.
Last accessed on August 26, 2018.
86 The memorandum is attached as Annex ―H‖.
87 Marlon Ramos, ‗Junkies are not humans‘, Inquirer,net, August 28, 2016, available at:
http://newsinfo.inquirer.net/810395/junkies-are-not-humans. Last accessed on August 26, 2018.
88 Pia Ranada, Duterte: 'Thousands' killed in Davao City drug war, Rappler.com, February 24, 2017,
available at: https://www.rappler.com/nation/162469-duterte-thousands-criminals-deaths-davao. See
also: Claire Baldwin and Andrew R.C. Marshall, How a secretive police squad racked up kills in Duterte's
drug war, Reuters, December 19, 2017, available at: https://www.reuters.com/investigates/specialreport/philippines-
drugs-squad/. (The ―Davao boys‖, alleged members of the DDS, have been transplanted
to Manila.). The boys from Davao, Reuters, December 19, 2017, available at:
http://fingfx.thomsonreuters.com/gfx/rngs/PHILIPPINES-DRUGS/01006028044/index.html. (Feature on
Communication and Complaint by Rise Up for Life and for Rights
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23. Additionally, the written policies may even be implied orders to execute
drug suspects. Policies like Oplan Double Barrel above refers to both the ―neutralization‖
or the killing of drug suspects whose names are part of the much feared drug list of
President Duterte as one barrel, and the other barrel refers to the high profile campaign
to arrest hundreds of thousands of drug suspects.
.
23.1. The term ―neutralization‖ mentioned in Command Circular No. 16-
2016 has been referred to as the act of killing by human rights groups and even
by state security forces themselves.89
23.2. The police use the term ―neutralize‖ to refer to ―killing‖ as proven
by police documents themselves:
a) The PNP Website contains the following report:
―Despite the loss of 44 police commandos, the Special Action
Force accomplished its mission to neutralize international
terrorist bomber Zulkifli Bin Hir alias Marwan‖. Zulkifli
Marwan was killed in that encounter in Mamasapano, thus
―neutralized‖.
b) The PNP 2016 Annual Report also contained the
following use of ‗neutralization‘90 :
94 Attached as Annex ―I‖is a compendium of police reports from the MPD and QCPD, reflecting the term
―neutralize‖.
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―Sensing that his life was in imminent danger having no choice PO3
Panganiban fire (sic) back as a result was able to neutralize the suspect.‖
d) Spot Report of the MPD dated October 14, 2016, on the ―police
operation which resulted to an armed encounter‖ and with four
unidentified persons dead on the spot:
―At that juncture, responding policemen upon sensing that their lives were
in imminent dangers (sic) had no other choice but to retaliate and defend
themselves and to neutralize all suspects.‖
e) Spot Report of the MPD dated December 15, 2016, on the shooting
of Jay-R D. Estreller by the Police Station-6, Station Anti-Illegal Drugs
(SAID) unit:
―Sensing imminent and actual danger on their lives, the lawmen had no
other recourse but to shoot to neutralize their armed aggressors. When
the smoke of the gun fires (sic) subsided P1 and P2 lay mortally wounded
in the pavement.‖
f) Spot Report of the MPD dated December 17, 2016, on the shooting
of Delfin S. Sicson by the Police Station-6, SAID unit:
―Sensing imminent and actual danger on his life the police officer has no
other recourse but to shoot to neutralize his armed aggressor.
Immediately thereafter, PI-1 was rushed to the Sta. Ana hospital for
medical treatment but (sic) declared expired thereat by attending
physician.‖
23.6. Comparatively, a survey of police reports by the Quezon City Police
District (QCPD) between June to July 2016 shows that neutralization means the
same in a different part of the metropolis:
a) Spot Report of the QCPD dated June 21, 2016, on the shooting of
Asnawe M. Ala and Khalid M. Amintao led by the regional Criminal
Investigation and Detection (CIDG) unit:
―Investigation further disclosed that after a brief chase and at stated
TDPO, exchanged (sic) of fire was (sic) ensued between policemen and
the said suspects. As a result of which, same suspects were cornered and
subsequently neutralized by the responding police officers. Immediately,
the wounded suspects were rushed to East Avenue Medical Center by
PO3 Basa and PO1 Mendez of City Hall Detachment but both were
declared dead on arrival at around 4:05 AM….‖
b) Spot Report of the QCPD dated June 25, 2016, on the shooting of
Darwin Moralla, a certain ―Vergel/Rigor‖, and an unidentified person by
the DAID unit:
Communication and Complaint by Rise Up for Life and for Rights
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a crime.104 The ICC pursues a policy of individual criminal responsibility for those ―most
responsible.‖105
37. Article 25 is therefore intrinsically linked with the elements of a crime. In
order to establish an offender‘s criminal responsibility, it leans on the elements of crimes
that are required to be fulfilled. This implicates that the actus rea (the act itself) and the
mens rea (the intention behind the act) need to be present. Actus non facit reum nisi
mens sit rea, meaning that the acts does not make one guilty unless it coincides with a
guilty intention.106
38. In the case at bar, Complainants have shown that President Duterte
committed the acts of Crimes Against Humanity and had every intention of committing
these acts. The direction and instructions – as well as the open incitement and
encouragement and assurances of impunity -- for the murders and inhumane acts, so
widespread and systematic, constituting crimes against humanity, come from no less
than President Duterte himself.
38.1. By his words and actions, President Duterte is the perpetrator and
most responsible for the killings and other horrific acts. He has consistently stated
that he is responsible for the ―war on drugs‖.107 He has even acknowledged the
ongoing preliminary examination by the ICC Office of the Prosecutor, threatening
that he would arrest the Prosecutor should she persist in investigating him.108
38.2. President Duterte has ordered and incited the killings,
―neutralization‖ of drug addicts, and other police action related to the ―war on
drugs‖ through his series of vitriolic statements and official memoranda. The
implementation of Oplan Double Barrel, Double Barrel Alpha, and Double Barrel
Reloaded is under his control and direction through his personally-appointed head
of the Philippine National Police.
104 International Law Commission, a subsidiary organ of the UN General Assembly adopted a report on the
―Principles of International Law Recognised in the Charter of the Nuremberg Tribunal and in the Judgment
of the Tribunal‖
105 8 ICC-OTP, Paper on some policy issues before the Office of the Prosecutor, 2003, 7 (available at:
https://www.icc-cpi.int/NR/rdonlyres/1FA7C4C6-DE5F-42B7-8B25
60AA962ED8B6/143594/030905_Policy_Paper.pdf); ICC-OTP, Strategic Plan 2016-2018, dated July 6,
2015, (available at: https://www.icc-cpi.int/iccdocs/otp/070715- OTP_Strategic_Plan_2016-2018.pdf);
ICC-OTP, Policy Paper on case selection and prioritisation, dated September 15, 2016, (available at:
https://www.icccpi.int/itemsDocuments/20160915_OTP-Policy_Case-Selection_Eng.pdf). Last accessed
on August 26, 2018.
106 M. E. BaDar, ―The Mental Element in the Rome Statute of the International Criminal Court: A
Commentary from a Comparative Criminal Law Perspective‖, Criminal Law Forum, Vol. 19, No. 3, 2008,
479.
107 See generally: Marlon Ramos, Duterte: I‘m responsible for war vs drugs, Philippine Daily Inquirer,
August 16, 2016, available at: http://newsinfo.inquirer.net/806517/duterte-im-responsible-for-war-vsdrugs, and Ed
Margareth Barahan, Duterte tells Church, HRW he‘s responsible for war on drugs,
Inquirer.net, March 4, 2017, available at: http://newsinfo.inquirer.net/877391/duterte-tells-church-hrwhes-
responsible-for-war-on-drugs. Last accessed on August 26, 2018.
108 'I will arrest you': Duterte warns ICC lawyer to steer clear of Philippines, Reuters, April 12, 2018,
available at: https://www.reuters.com/article/us-philippines-duterte-icc/i-will-arrest-you-duterte-warns-icclawyer-to-
steer-clear-of-philippines-idUSKBN1HK0DS. Additionally, Duterte has erroneously claimed that
the ICC has no jurisdiction over him. Jhoanna Ballaran, Duterte to ICC: You can‘t acquire jurisdiction over
me not in a million years, Inquirer. Net, March 6, 2018, available at:
http://globalnation.inquirer.net/164822/duterte-icc-cant-acquire-jurisdiction-not-million-years. Last
accessed on August 26, 2018.
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38.3. President Duterte has given all these instructions and guidance
knowingly and consciously, with full intention and consideration of the
consequences.
B. President Rodrigo Duterte is also criminally responsible, under the principle of
command responsibility under Article 28, paragraphs (a) and (b), being the
commander and superior authority over the police and other state security forces
who committed the above mentioned acts of murder, inhumane acts, and other
forms of persecution in the implementation of his policy against suspected drug
and crime suspects.
39. Additionally, the liability of President Duterte also stems from command
responsibility. Article 28 of the Rome Statute provides:
Article 28. Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute for crimes
within the jurisdiction of the Court:
XXX
b. With respect to superior and subordinate relationships not
described in paragraph (a), a superior shall be criminally responsible for
crimes within the jurisdiction of the Court committed by subordinates
under his or her effective authority and control, as a result of his or her
failure to exercise control properly over such subordinates, where:
i. The superior either knew, or consciously disregarded
information which clearly indicated, that the subordinates were
committing or about to commit such crimes;
ii. The crimes concerned activities that were within the effective
responsibility and control of the superior; and
iii. The superior failed to take all necessary and reasonable
measures within his or her power to prevent or repress their
commission or to submit the matter to the competent
authorities for investigation and prosecution.
40. That military commanders and other persons occupying positions of
superior authority may be held criminally responsible for the unlawful conduct of their
subordinates is a well-established norm of customary and conventional international law.
This criminal liability may arise either out of the positive acts of the superior (sometimes
referred to as "direct" command responsibility) or from his culpable omissions ("indirect"
command responsibility or command responsibility strictu sensu). Thus, a superior may
be held criminally responsible not only for ordering, instigating or planning criminal acts
carried out by his subordinates, but also for failing to take measures to prevent or
repress the unlawful conduct of his subordinates.109 On both scores, President Duterte
must be held to account.
109 International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International
Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, Judgement, Case No IT-
96-21-T, dated November 6, 1998, par. 333.
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41. Complainants have clearly proven that President Duterte at the very least
is guilty of crimes against humanity under Article 28 for command responsibility:
41.1. President Duterte has control over his subordinates. Members of
the PNP, PDEA, and their ―assets‖ who participated in the killings either in official
police operations or in vigilante killings are his subordinates of the and he
exercises effective control over them. President Duterte exercises control and
supervision over the PNP through the Department of Interior and Local
Government.110
41.2. President Duterte knew that his subordinates were committing
crimes within the jurisdiction of the Rome Statute of the International Criminal
Court. Said anti-drug campaign and other activities where the crimes were
committed were not only within the effective responsibility and control of the
President Duterte but he ordered his subordinates to undertake said activities. In
fact, he has not only ordered the killing of drug suspects but even publicly assured
his subordinates that he will defend them if they are prosecuted for the killings
and even pardon them should they be convicted.
41.3. President Duterte not only failed to ―take all necessary and
reasonable measures within his or her power to prevent or repress their
commission or to submit the matter to the competent authorities for investigation
and prosecution‖ but he even exhorted and encouraged his subordinates to
continue their acts constitutive of the crimes within the jurisdiction of the ICC.
42. Article 28 defines command responsibility as a form of responsibility.
Accordingly, the ICC Legal Requirements Framework sets out the jurisdictional
requirement as the first element: A crime within the jurisdiction of the Court was
committed or was about to be committed by the forces.
43. Complainants have herein shown and proven that the crimes alleged are
not only well within the purview of the ICC, but more so, with the full knowledge of
President Duterte.
43.1. It cannot be denied that President Duterte has actual knowledge of
extra-judicial killings and other rights abuses and violations in the Philippine ―war
on drugs‖ throughout its more than two year run. Actual knowledge may be
defined as the awareness that the relevant crimes were committed or about to be
committed.111
43.2. Even without his admission, direct evidence may be used to prove
President Duterte‘s knowledge of various and massive contraventions of the
Rome Statute.112 Direct and circumstantial evidence, to prove that he knew of,
110 An Act Establishing the Philippine National Police under a Reorganized Department of the Interior and
Local Government, and for other purposes, R.A. No. 6975 (1990)
111 Special Court for Sierra Leone, Taylor, TC II, Judgement, Case No. SCSL-O3-01-T, dated May 18, 2012,
para. 497.
112 In the ICTY Trial Chamber in Mucić et al. (―Čelebići‖) case, the type of evidence that may be presented
to prove the commander‘s knowledge was enumerated. [I]n the absence of direct evidence of the
superior‘s knowledge of the offences committed by his subordinates, such knowledge cannot be
presumed, but must be established by way of circumstantial evidence. In determining whether a superior,
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
45
and should have known about the crimes, may include the number of illegal acts,
as he has acknowledged, the participation of the police, the widespread
occurrence of the acts, and the unmistakeable contrived narrative of ―nanlaban‖
across the reports. It is simply impossible for him to be unaware of them.113
43.3. And even so, his very position, as head of state and of government
is a significant indicium that he knew about the crimes committed by his
subordinates.114 Indeed, even without the specific identities of all the persons
who committed the killings and other barbaric acts, President Duterte is liable as
their ultimate commander, being in control of all these persons under him.115
Perpetrators of international crimes often operate in a specific context of mass
violence, in which their crimes are perceived as legitimate and necessary.116
44. The second element is that there must be a superior-subordinate
relationship between the actual perpetrators of the killings and the inhumane acts, on
the one hand, and of the superior, on the other hand.
44.1. President Duterte, as chief executive, is the head of all law
enforcement in the Philippines. This is a category of military-like commanders that
generally encompasses superiors who have authority and control over regular
government forces such as police armed units. 117
despite pleas to the contrary, in fact must have possessed the requisite knowledge, the Trial Chamber may
consider, inter alia, the following indicia […]:
(a) The number of illegal acts;
(b) The type of illegal acts;
(c) The scope of illegal acts;
(d) The time during which the illegal acts occurred;
(e) The number and type of troops involved;
(f) The logistics involved, if any;
(g) The geographical location of the acts;
(h) The widespread occurrence of the acts;
(i) The tactical tempo of operations;
(j) The modus operandi of similar illegal acts;
(k) The officers and staff involved;
(l) The location of the commander at the time.‖448
[ICTY, Mucic et al., Trial Chamber, Judgement, Case No. IT-96-21-T, November 16, 1998]
113 The standard was upheld in the case of Karemera and Ngirumpatse before the ICTR, where the acts
were found to be so widespread and systematic, it impossible for Minister of the Interior in the interim
government and the President of the National Republican Movement for Democracy and Development
(MRND), to be unware of the Rwandan genocide. TC III, Judgement, Case No. ICTR-98-44-T, February 2,
2012, para. 1530
114 ICTY, Blaskic, TC, Judgement, Case No. IT-95-14-T, March 3, 2000, paragraph 308; confirmed in ICTY,
Blaskic, AC, Appeal Judgement, Case No. IT-95-14-A, July 29, 2004, paragraphs 54-57.
115 Command responsibility: ―[…] also includes responsibility, for example, for military troops who have
been temporarily assigned to a military commander, if the troops were under the effective control of that
commander at the time when the acts charged in the indictment were committed. […]The superior does
not need to know the exact identity of those subordinates who committed the crimes, to be held
responsible under Article 7(3) of the Statute.‖ ICTY, Perisic, TC I, Judgement, Case No. IT-04-81-T,
September 6, 2011, paragraph 138
116 A. Smeulers, ―Perpetrators of International Crimes: Towards a Typology‖ in A. Smeulers and R. Haveman
(eds.), Supranational Criminology: Towards a Criminology of International Crimes, Antwerpen, Intersentia,
2008, 233-235
117 W. Fenrick, ―Article 28:, in: O. Triffterer (ed.), Commentary on the Rome Statute of the International
Criminal Court, (Nomos Verlad, 1999) as cited in the Decision Pursuant to Article 61(7)(A) and (b) of the
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
46
44.2. There are formal rules and formal structure, whereupon President
Duterte as superior has actual and effective control.118 Verily, in the ―war on
drugs‖ the superior-subordinate relationship between President Duterte and the
police personnel who commit the crimes is direct or immediate.119 His control
over the police is both de jure and de facto.
45. Lastly, it must be shown that the superior failed to take necessary and
reasonable measures to prevent the crime or to punish the perpetrator.
45.1. Despite his full knowledge of the criminal acts, President Duterte
has encouraged and justified excesses and abuses by guaranteeing absolution to
erring policemen.120
45.2. Proof of the government‘s failure to prevent the crimes is the
escalation of the killings. President Duterte, police leaders, and other top officials
of the administration have variously lauded, and bragged about, the killings as
―accomplishments‖ of his term.121 No necessary or reasonable measures have
been put in place to prevent the killings and atrocities.
45.3. In fact, he has emboldened and openly goaded policemen to set up
the cases for self-defense, to give suspects a gun if unarmed. ―Pag walang baril,
Rome Statute on the Charges of the Prosecutor Against Jean-Pierre Bemba Gombo, Case No. ICC-01/05-
01/08, dated June 15, 2009 by the Pre-Trial Chamber II
118 See footnote 116.
119 In establishing whether a superior-subordinate relationship exists, international case law has found the
following questions useful: Does the superior have ―effective control‖ over the subordinate? What are the
powers of influence of the alleged superior? What capacity does the superior have to issue orders? Does
analysis of the distribution of tasks within any relationship demonstrate a superior-subordinate
relationship?. Prosecutor v. Delalic et al. (Celebici Case), Case No. IT-96-21-T, ICTY TC, November 16, 1998,
paragraphs 377-378.
120 Transcript of the speech of President Duterte on March 7, 2018 is available at:
https://pcoo.gov.ph/wpcontent/uploads/2018/03/20180307-
correcteSpeech_of_President_Rodrigo_Roa_Duterte_during_the_Groundbreaking_of_the_Casa_San_Migu
el_Housing_Project.pdf. Last accessed on August 26, 2018. See Annex ―A‖, compendium of Speeches of
the President..
Excerpt:
If it is in the performance of your duty, ako ang bahala. „Wag kayong matakot, akin lahat „yan. I
take full responsibility. „Wag kayong matakot diyan sa Human Rights. „Pag may magpunta na Human
Rights dito, „wag ninyong pansinin. „Wag ninyong pakainin. Basta hayaan mo „yan sila mag-ikot diyan sa
kampo pagkatapos sabihin mo, ―umuwi ka na. Istorbo ka dito, sabi ni Mayor.‖
And our orders are… Siya man „yung abogado namin, siya „yung Commander-in-Chief, sabi niya,
―hindi kami sasagot sa inyo.‖
Hayaan mo na ako na ang sasagot. Sabihin mo, ―you ask the commander. Doon kami kumukuha
ng ano.‖ Sabi, ―what is the order?‖ ―Wala ka nang pakialam diyan.‖ ―Ba‘t ano pala ang utos niya?‖ ―Ang
utos ng p***** i** mo, umalis ka dito‘t babarilin kita.
Ganun nalang kasi itong mga u*** na ito, they‘re trying to bring us down. But pero ako lang
„yan. [inaudible] ko „yan.
121 Supra, note XX (Accomplishment Report 2017). The 2016 Duterte Year-End Accomplishment Report is
available, in summary, in a news report. Ranada, Pia. LIST: Duterte admin's 2016 accomplishments,
Rappler.com, available at: https://www.rappler.com/nation/157160-list-duterte-administrationaccomplishments-
2016. Last accessed August 20, 2018.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
47
bigyan mo ng baril,‖ (if the suspect has no gun, give him one), he has said most
chillingly.122
45.4. Remorselessly and incorrigibly, President Duterte‘s statements are
a command to kill. He dangled the reward of Php 5 million for every dead ―ninja
cop‖ (rogue cop), but only Php 10,000 for every one alive.123 A day after he put up
bounties, two were found dead on the roadsides in Zamboanga City in
Mindanao.124
45.5. The record obviously and painfully shows that President Duterte
has failed to punish erring policemen according to law, either by ordering credible
internal and external investigations, filing charges in the approrpriate
administrative and judicial bodies, and seriously prosecuting or even disciplining
them, as the case may be. The latest government data shows that out of 3,275
government personnel facing administrative cases for anti-illegal drugs
operations, only 59 have been penalized and 778 have been exonerated. Three
out of four cases have been dismissed.125
45.6. It must also be noted that the obligation to ―prevent‖ and ―punish‖
is not alternative. If a superior is aware of the impending or on-going commission
of a crime, necessary and reasonable measures must be taken to stop or prevent
it. A superior with such knowledge and the material ability to prevent the
commission of the crime does not discharge his responsibility by opting simply to
punish his subordinates in the aftermath.126
45.7. The duty to prevent arises for a superior from the moment he
acquires knowledge or has reasonable grounds to suspect that a crime is being or
is about to be committed, while the duty to punish arises after the commission of
the crime.127 President Duterte has miserably failed both to prevent and to punish
the acts.
122 TRANSCRIPT: 'Pag walang baril, bigyan mo ng baril' – Duterte. Rappler.com, August 19, 2017, available
at: https://www.rappler.com/nation/179242-transcript-duterte-police-give-guns-drug-suspects. Video
available at: https://www.youtube.com/watch?v=_u6h87O5LtI. Last accessed on August 26, 2018.
123 Pia Ranada. Duterte dangles P5M for dead 'ninja cops,' only P10k if caught alive, Rappler.com, August
17, 2018, available at: https://www.rappler.com/nation/209808-duterte-to-give-reward-money-captureliving-or-
dead-ninja-cops. Last accessed on August 26, 2018.
124 Julie Alipala, Frinston Lim and Erwin Mascariñas, 2 Zambo cops in drugs killed after Duterte offered P5-
M bounty, Philippine Daily Inquirer, August 20, 2018, available at:
http://newsinfo.inquirer.net/1022962/2-zambo-cops-in-drugs-killed-after-duterte-offered-p5-m-bounty.
Last accessed on August 26, 2018.
125 See Annex ―B‖, Real Numbers report card as of July 31, 2018.
126 ICTR, Semanza, TC, Judgement and Sentence, Case No. ICTR-97-20-T, May 15, 2003, para. 407;
confirmed in ICTR, Bagilishema, TC I, Judgement, Case No. ICTR-95-1A-T, June 7, 2001, para. 49.
127 The distinction between the two duties was affirmed by the ICTY Trial Chamber in Hadžihasanović and
Kubura: ―Tribunal case law has clearly established that Article 7(3) of the Statute distinguishes between
two different duties of a superior. The Trial Chamber in Strugar recently reaffirmed this distinction
unambiguously by holding that Article 7(3) does not provide a superior with two alternative options but
contains two distinct legal obligations: (1) to prevent the commission of the crime and (2) to punish the
perpetrators.
Communication and Complaint by Rise Up for Life and for Rights
Situation in the Philippines
48
CONCLUSION
46. A clear indication of what constitutes a crime against humanity is given by
the International Tribunal for the former Yugoslavia in its decision on the Erdemovic
case128:
―Crimes against humanity are serious acts of violence which harm human
beings by striking what is most essential to them: their life, liberty, physical
welfare, health and/or dignity. They are inhumane acts that by their extent
and gravity go beyond the limits tolerable to the international community,
which must perforce demand their punishment. But crimes against
humanity also transcend the individual because when the individual is
assaulted, humanity comes under attack and is negated. It is therefore the
concept of humanity as victim which essentially characterises crimes
against humanity‖.
47. The extra-judicial killings, mass arrests, roving searches, and other
inhumane acts in the Philippines under the auspices, order, command and policy of
President Rodrigo Roa Duterte threaten the core principles of humanity itself, subsuming
individual victim experiences, and even state borders. It is a critical issue for a much
broader concept, closely linked to the Martens Clause: that of mankind, and the dictates
of public conscience.129
48. Complainants thus pray that the Office of the Prosecutor (OTP), after
consideration of the facts and submissions to indict President Rodrigo Roa Duterte of the
Philippines for crimes against humanity, as in accordance with the processes:
a) That after preliminary examination, the OTP issue a report finding the
charges to fall within the jurisdiction of the International Criminal Court;
b) After due consideration, the OTP find reasonable basis to proceed with
an investigation;
c) That the OTP elevate its investigation into a situation, and thereat find
President Duterte directly and personally responsible for crimes against
humanity committed against the civilian populace of the Philippines;
d) During its investigation receive, discover, and examine evidence of
crimes against humanity in the Philippines;
e) That the OTP consider complainants as victims-witnesses in these
charges; and
f) That upon the lodging of a formal complaint the Honorable Prosecutor
request for the issuance of a warrant of arrest against Philippine
President Rodrigo Roa Duterte.
49. It is also most respectfully prayed that the victims and complainants be
awarded individual reparation for the death of their loved ones, and for moral harm,
physical and psychological injuries that they suffered.
128 ICTY, Erdemovic, TC, Sentencing and Judgment, Case No. IT-96-22, November 29, 1996, paras. 27-28.
129 The Martens Clause, as codified by the Hague Convention No. IV of 1907, refers to ―the principles of
the law of nations, as they result from the usages established among civilised peoples, from the laws of
humanity, and the dictates of public conscience‖, and confirmed by Article 1 of 1977 Additional Protocol I.
Assisted by:
NATIONAL UNION OF PEOPLES’ LAWYERS (NUPL)
Counsel for Complainants
3rd Floor, Erythrina Building
1 Maaralin corner Matatag Streets
Central District, Quezon City,
1109 Philippines
Telephone number: +63 (2) 9206660
Email address: nupl2007@gmail.com