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Ombudsman panel drops Duterte from murder complaint over 'DDS' killings

August 31, 2017 | 11:48am

Ombudsman panel drops Duterte from murder complaint over 'DDS' killings

The Office of the Ombudsman in Quezon City. File photo

MANILA, Philippines — A special panel of investigators from the Office of the Ombudsman has dropped President Rodrigo Duterte from among the respondents in the multiple criminal cases filed last year by confessed hitman Edgar Matobato.

In a chance interview on the sidelines of the 2017 Ramon Magsaysay Awards ceremony in Manila, Ombudsman Conchita Carpio Morales confirmed that the fact-finding stage on Matobato's complaint is already finished and that the complaint is now up for a formal preliminary investigation.

“I have inhibited myself in the case because one of those who were charged by Matobato was the president. So, naturally, I inhibited. Now, I will confirm that it came to my knowledge that preliminary investigation has been set,” Morales said.

Morales has earlier stated that she will inhibit from any investigation by her office against Duterte as she and the president are related by marriage.

Morales is the sister of Lucas Carpio, father of Davao City Mayor Sara Duterte-Carpio's husband Maneses. Lucas Carpio is married to Court of Appeals Justice Agnes Reyes-Carpio.

An insider from the Office of the Ombudsman as well as Matobato's lawyer Jude Josue Sabio, confirmed to the STAR that Duterte was indeed dropped from the case.

Sabio said three criminal cases were transmitted by the ombudsman special panel for preliminary investigation – one involves murder and kidnapping of former soldier Jun Bersabal in 1993; murder of radio broadcaster Jun Pala in 2003; and torture of Matobato by a group of policemen led by Senior Police Officer 1 Reynante Medina.

Sabio said that though Duterte was not originally included in Matobato's torture complaint, the president was named by his client as mastermind in the killings of Bersabal and Pala.

'Davao Death Squad'

The Pala and Bersabal killings were allegedly carried out by the so-called Davao Death Squad (DDS), a vigilante group allegedly put up by Duterte during his term as mayor of Davao City.

“Duterte was not included by ombudsman in the criminal complaints for the Bersabal incident and Jun Pala incident... I presume it is because of his presidential immunity, which I think does not apply because the criminal incidents happened while he was still mayor,” Sabio said.

Although the 1987 Constitution no longer mentions presidential immunity from suit, presidents cannot be sued during their term.

“I intend to call out the ombudsman about the non-inclusion of Duterte, because he was directly pointed as the mastermind in the Jun Bersabal and Jun Pala incidents,” he added.

Matobato complaint

In a complaint filed in December last year, Matobato urged the ombudsman to investigate Duterte for possible crimes of murder, kidnapping, complex crime of kidnapping with murder, torture and other crimes against humanity.

This served as the first complaint filed against Duterte since he assumed presidency on June 30, 2016

Also included as respondents in Matobato's original complaint were Duterte's son Davao City Vice Mayor Paolo Duterte, Philippine National Police Director General Ronald Dela Rosa and 25 former and incumbent police officers and city government officials.

Sabio said he is not yet privy to the specific individuals who now serve as respondents in the complaints up for preliminary investigation by the ombudsman.

He said he had already filed two motions before the ombudsman asking for a copy of the formal complaints filed by the Ombudsman Special Panel of Investigators for preliminary investigation

Morales, during the interview, did not answer why Duterte was dropped from the complaints.