Absolute right

Since Duterte won the presidency last May 9, and as Aquino III is about to step down on June 30,our law enforcers have notably stepped up their operations against suspected drug lords, drug pushers, drug addicts and other notorious criminals. Apparently, they are already implementing the announced policy of Duterte against criminality even before he takes his oath and assumes office. These developments are really quite disturbing even if they are allegedly good for our country.

First of all, we are still in the transition period between the outgoing administration of Aquino and the incoming administration of Duterte. Aquino is still in power but Duterte seems to be calling the shots already. This is quite absurd and unprecedented. Never before has it happened in our country. It confirms once more Aquino’s weak leadership and/or incapability to wield the powers of the presidency

It must be pointed out here that, in his almost six years in office, Aquino has not laid down any clear cut policy on fighting criminality and restoring peace and order in our country. Only in his last 51 days in office have there been so many extra-judicial and extra-legal killings. The latest body count shows that 60 suspects have already been killed. Since they happened while Aquino is still in office, he and his advisers must realize that if any of these killings turned out to be in violation of the law particularly because the suspects are not really drug lords, or pushers, users and notorious criminals, he will be held responsible. He cannot blame Duterte because Duterte has not even assumed office yet.

Indeed Duterte must be laughing out loud behind the scenes because he appears to be on his way to achieve his commitment of eradicating criminality and restoring peace and order in our country. Policemen and law enforcement agents have already instilled fear among the real drug lords, pushers, addicts and other big time criminals. In fact so many of them are surrendering to the police for fear that they may be liquidated. So when he assumes office, his campaign promise of solving this problem in six months may really happen. People cannot actually credit Aquino for such results because this “shoot to kill if they resist” policy is clearly one of Duterte’s announced lines of action when he decided to run for President.

But these extrajudicial killings do not really augur well for our country. Neither will it really ensure the eradication of the drug menace. Duterte should also consider that this heightened drive of the law enforcers against suspected or known drug lords is being undertaken at this stage and immediately before he assumes office because some police officials are also part of the syndicate. The situation in the New Bilibid Prison seems to confirm this observation. Despite the several “ oplan galugads,” the more affluent prisoners who are mostly convicted drug lords continue to live in luxury with all the comforts and amenities of a hotel room, complete with appliances and communication gadgets that enable them to maintain their contacts outside and continue to operate their “business.”

 Hence Duterte should realize that some police officials involved may really be wary that after he assumes office and wages an all out war, the drug lords who are caught but not killed, or who may surrender, will be forced to reveal their involvement. This may be one of the reasons for the stepped up operations against alleged drug syndicates by the law enforcers. They are now rushing to silence the drug lords and others involve in the drug trade by killing them while there’s still time.

In fact even after Duterte assumes office and approves of these extra-judicial killings, these police officials involve in the drug trade will be able to continue their killing spree and suppress the revelation of their involvement. These observations look plausible enough for Duterte to look into before he aggressively pursues his avowed policy against crime and the drug menace.

Furthermore, Duterte should also deeply examine the various possible infringements of basic human rights enshrined in our Constitution which may ensue because of his aggressive policy. Foremost among them is the right to life “to which all other rights are subordinated.” In fact the right to kill depends upon the right to life. So police officers may be justified in killing the suspects only if they are unlawfully attacked as to place their life in danger. If the suspects are fleeing or resisting arrest but unarmed, they should not be killed. There must also be reasonable necessity of the means employed to prevent or repel the unlawful aggression. Policemen are supposed to be trained how to properly respond to an attack on his life so they are expected to employ such means that will simply neutralize and preserve the life of the assailant or suspect. And lastly, the arresting officer himself should not have sufficiently provoked the assault (Article 11, Revised Penal Code).

It must be pointed out that most of those who are being killed are mere suspects. And even if they are well known drug lords, traders or pushers, they are still presumed innocent until proven guilty in court. So the aggressive “shoot to kill policy” that may be actively carried out by the incoming administration clearly violates the constitutional mandate that “no person shall be deprived of his life, liberty or property without due process of law (Article III Section 1, Constitution). Hence even if death penalty will be restored as advocated by Duterte, all persons are still presumed innocent until proven guilty beyond reasonable doubt.

The right to life therefore takes precedence over any other human rights. As Pope Francis recently declared, “Thou shalt not kill is absolute.” So, restoring death penalty especially as a means of retribution is not for the common good.

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