Former President Rodrigo Duterte will not attend the House investigation into the killings of thousands of drug suspects during his administration, according to his former spokesperson Harry Roque.
Right Against Self-Incrimination
Roque, a lawyer, stated that Congress cannot compel Duterte to testify against himself, citing the Bill of Rights. He referred to Supreme Court rulings in People vs. Ayson (1989) and Rosete vs. Lim (2006), which highlight the right against self-incrimination as an option to refuse incriminating questions rather than a prohibition on inquiry.
“Our former President firmly believes that the Lower House is not the proper forum to investigate any criminal allegation against him,” Roque asserted.
House Committee Inquiry
The House committee on human rights has extended invitations to Duterte and his former police chief, Senator Ronald “Bato” dela Rosa, for the ongoing inquiry. Despite this, Roque emphasized that Duterte is prepared to appear in any Philippine court to address accusations of extrajudicial killings related to his drug war policy.
“Tatay Digong is unafraid to face all his accusers in any domestic court. He will cooperate and participate in any criminal investigation, provided that Filipino prosecutors conduct the proceeding,” Roque added.
Constitutional Protections for Witnesses
Roque reiterated that all individuals providing evidence in civil, criminal, or administrative proceedings are entitled to the constitutional right against self-incrimination. “Any witness, whether he is a party or not, has the right to refuse to answer questions that may incriminate him for some crime,” he said.
ICC Investigation
Duterte, along with other top officials from his administration, is currently under investigation by the International Criminal Court (ICC) for alleged crimes against humanity linked to systematic drug war killings. Government records report approximately 6,000 deaths, while human rights groups claim the figure could be as high as 30,000, including vigilante killings.
Duterte has maintained that the Philippines is not under ICC jurisdiction following his withdrawal from the Rome Statute in March 2019. However, the ICC pre-trial chamber found sufficient grounds to investigate the Philippine government for alleged crimes against humanity. The ICC Appeals Chamber subsequently denied the Philippine government’s appeal to halt the probe, citing a lack of evidence for a legitimate domestic investigation.