See - (78) Lacson, the new Duterte de facto spokesman in... - Manuel Laserna Jr.
Lacson, the new Duterte de facto spokesman in the Senate, argues the following legal theories in support of his secret benefactor Duterte:
(1) "First, our president enjoys immunity from suit during his term," said Lacson.
I hold the view that a sitting president may be "investigated" by the Ombudsman and the CHR. "Investigation” is different from "indictment" or “trial of a criminal case” in court.
A sitting president may be "investigated" for a crime or wrongful act. He is not above the law. He has taken an oath to defend the Constitution and the laws of the land --- not to violate them.
“Indictment” and “trial”, of course, are separate issues from “investigation”.
See Article XI (accountability of public officials), 1987 Constitution and other related laws, e.g., Anti-Graft and Corrupt Practices Act, Code of Ethical Standards for Public Offices and Employees, and others.
Nothing in the 1987 Constitution expressly provides for presidential immunity from suit for crimes and wrongful acts.
The PH doctrine on the matter is not final. It seems the current doctrine here is that a sitting president may not be “investigated and indicted” for “official acts”. However, committing crimes and wrongful deeds are not official acts.
No jurisprudence exists expressly declaring as null and void any and all “investigations” of a sitting president for a crime or wrongful act.
In the USA, from which we patterned our Constitution, the US president may be subjected to criminal “investigation” for crimes and wrongful acts, e.g., the Clinton doctrine and the Nixon doctrine. He may even be sued while in office for civil torts committed by him prior to his incumbency.
Committing a crime or a wrongful act while in office is not part of a president’s constitutional and official duties. Why shield him from “investigation” for such illegal, wrongful and criminal acts?
I hope the pending De Lima petition for a “writ of habeas data” against Duterte will compel the Supreme Court to revisit and clarify once and for all the vague doctrine of presidential immunity from suit which is being abused by Duterte at present to shield him from the law.
(2) "Second, no matter how many times a person in our country admits having committed murder, as long as there is no other evidence to corroborate his extra judicial confession, the case cannot stand in any
court of law," the senator added.
Lacson misses the point. What the UN OHCHR suggests is that, in light of the express admissions and confessions of guilt publicly and arrogantly made by Duterte about the murders he had intentionally committed or ordered to be committed now and in the past and in light of the gruesome six thousand extrajudicial and vigilante killings or deaths that are linked to Duterte’s deadly war on drugs since July 1 when he occupied Malacanang, the UN OHCHR reminds the Philippines, as a member State of the UN, that the Philippines has the “legal obligation” under international human rights law and international humanitarian law to take the appropriate action to “investigate” the Duterte admissions and confessions and other related matters, which tend to prove the existence of crimes against humanity, in a fair, just, independent, transparent, speedy and effective manner --- not the pro forma, anemic and cover-up-type investigations recently terminated by the Gordon-Lacson committee on justice and human rights which achieved nothing but to promote the position of Duterte.
The Philippines is not allowed by international human rights law and international humanitarian law to sit idly while its innocent citizens (e.g., drug “suspects”) are being killed left and right in broad daylight without due process of law under Duterte’s deadly war on drugs and in complete disregard of the rule of law and the administration of justice, in the process leaving behind thousands of helpless, sorrowful and hungry widows and orphans.
- See more at: http://www.gmanetwork.com/…/lawmakers-hit-un-hr-commissione…
Lawmakers hit UN HR commissioner for tagging Duterte as a murderer
Philippine lawnakers on Wednesday criticized the United Nations' top official for human rights for "labeling" President Rodrigo Duterte a murderer and calling on the…