Donate

KWEBA ni BAROK

Andres on Accountability: How the DOJ Plans to Tackle Crimes Against Humanity

Published by

Louis ‘Barok’ Biraogo

on

Andres on Accountability: How the DOJ Plans to Tackle Crimes Against Humanity

By Louis ‘Barok‘ C. Biraogo — January 5, 2025

BEHIND the headlines of high-profile extrajudicial killings lie unanswered questions and lives cut short. Justice Undersecretary Jesse Andres’s bold vow to consult all involved—from witnesses to key resource persons—signals a long-overdue reckoning. Cases like the murder of former PCSO board secretary Wesley Barayuga and the deaths of three Chinese nationals convicted of drug charges now stand at the forefront of a legal battle that could redefine justice in the Philippines and challenge the nation’s culture of impunity.

Unpacking the DOJ’s Logic: A Legal Analysis of Their Approach to EJK Investigations

Undersecretary Andres outlined a multi-pronged approach that seeks to prioritize robust case-building based on due process and credible evidence. His statement reflects the following key legal arguments:

  1. Inclusivity in Evidence Gathering: The decision to involve all potential resource persons—whether perpetrators, witnesses, or other parties—is grounded in the principle of impartiality enshrined in Article III, Section 1 of the Philippine Constitution, which guarantees due process and equal protection under the law.
  2. State Witness Doctrine: Under the Rules of Criminal Procedure (Rule 119, Section 17), an accused may be discharged to become a state witness if:
    • There is absolute necessity for their testimony.
    • There is no direct evidence available for the prosecution.
    • Their testimony can be substantially corroborated on material points.
    • They do not appear to be the most guilty.
  3. Expanding Charges Beyond Murder: By considering violations of international humanitarian law and crimes against humanity, the DOJ is leveraging Republic Act No. 9851 (Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity) to emphasize the gravity of the offenses and ensure accountability on a global legal scale.

The Power of Testimonies: Their Crucial Role in Seeking Justice for EJK Victims

Resource persons are the backbone of case-building in EJK investigations. Their testimonies serve multiple critical functions:

  • Identifying Perpetrators: Witness accounts provide direct evidence linking individuals to the crime, helping establish their identities and roles.
  • Detailing Crime Dynamics: Testimonies often include essential specifics—locations, timelines, and methods—that corroborate physical and forensic evidence.
  • Establishing Motive and Context: Resource persons can offer insights into the motives behind the killings, whether political, criminal, or personal.
  • Strengthening Prosecution Cases: Their narratives often provide the missing pieces that transform circumstantial evidence into compelling arguments for conviction.

However, these testimonies are not without challenges. Witnesses often face severe risks of retaliation, which underscores the importance of the DOJ’s Witness Protection, Security, and Benefit Program (WPSBP).

The DOJ’s Approach to EJK Cases: A Balanced Legal Analysis of the Arguments

Arguments Supporting the DOJ’s Approach

  1. Thorough Investigations: Consulting all involved ensures a holistic understanding of the crime, mitigating the risk of prosecutorial shortcuts or errors.
  2. Upholding the Rule of Law: The decision to adhere strictly to due process and evidence-based prosecution restores public confidence in the justice system.
  3. Potential for Systemic Accountability: By involving resource persons with insider knowledge, the DOJ can dismantle networks of complicity that perpetuate EJKs.

Critiques of the Approach

  1. Risk of Coercion and Witness Tampering: Engaging perpetrators and insiders may expose witnesses to intimidation or worse, undermining the integrity of their testimonies.
  2. Prolonged Investigations: The expansive scope of evidence gathering might lead to delays in filing charges and securing convictions.
  3. Ethical Concerns: Elevating co-perpetrators to state witness status may cause public disapproval, especially if these individuals receive leniency.

The Legal and Historical Dimensions: Understanding the Context of EJK Cases in the Philippines

The Philippine legal system is no stranger to high-profile cases involving EJKs. Supreme Court rulings such as People v. Lavapie (G.R. No. 125126) have emphasized the critical role of witness testimonies in securing convictions, particularly in cases with limited physical evidence.

The historical context of EJKs in the Philippines—often linked to political and anti-drug campaigns—underscores the importance of building strong, unbiased cases that challenge the culture of impunity. The inclusion of international humanitarian law and crimes against humanity also reflects a shift toward aligning domestic practices with global human rights standards.

The Challenge of Impunity: A Look at the Implications of the DOJ’s Statement for EJK Cases and the Fight Against Impunity

Undersecretary Andres’s statement carries significant implications for the Philippines’ fight against impunity:

  1. A Signal to High-Ranking Perpetrators: The DOJ’s focus on “big personalities” reinforces the message that no one is above the law.
  2. Enhanced Public Perception of Justice: Transparent, inclusive investigations may help restore faith in a justice system often criticized for political bias.
  3. Future EJK Investigations: A successful prosecution strategy in these cases could set a precedent, deterring future abuses and encouraging witnesses to come forward.

Recommendations

  1. Strengthen Witness Protection: Expand resources for the WPSBP to ensure that resource persons can testify without fear of reprisal.
  2. Fast-Track Case Timelines: Establish dedicated task forces to expedite the consolidation and prosecution of EJK cases.
  3. Engage Civil Society and Human Rights Advocates: Partner with NGOs to monitor case progress and ensure transparency.
  4. Promote Legal Education and Awareness: Inform the public about the DOJ’s approach to increase understanding and support for due process-driven justice.
  5. Adopt International Best Practices: Collaborate with global human rights organizations to refine investigative techniques and case-building strategies.

Conclusion

Jesse Andres’s bold initiative isn’t just about addressing extrajudicial killings—it’s about reimagining justice in the Philippines. With due process, inclusivity, and evidence-based prosecution at the forefront, this moment holds the potential to not only dismantle a culture of impunity but to lay the foundation for a stronger, more accountable democracy. The journey will be arduous, but every step forward is a testament to the Philippines’ resolve to honor its democratic ideals and its people’s enduring hope for a just future.

Louis ‘Barok‘ C. Biraogo

Leave a comment

Hello,

I’m Louis ‘Barok’ Biraogo

Let’s connect

Join the fun!

Stay updated with our latest tutorials and ideas by joining our newsletter.

Recent posts