No violation of due process in Duterte shame campaign – Cayetano

Camille Elemia

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No violation of due process in Duterte shame campaign – Cayetano
'Remember these are words, accusations, no confiscation of their properties, no deprivation of liberty. They are not forced to undergo drug tests,' says Senator Alan Cayetano

MANILA, Philippines – One of President Rodrigo Duterte’s staunchest allies in the Senate once again came to the rescue on Monday, August 8, amid controversies hounding the Chief Executive’s list of alleged drug lords and coddlers.

Senator Alan Peter Cayetano said there was no violation of due process when the President publicly accused several politicians, judges, and police of being drug lords and coddlers, even when there were no pending complaints or cases against them. (READ: The Duterte list: Judges, mayors, police officials linked to drugs)

“Definitely unorthodox, definitely some people will get hurt. But first of all are they denied due process? Hindi (No). If and when cases are filed against them, they can still rebut,” Cayetano said.

While some critics cried foul over the President’s announcement, Cayetano said no law prohibits a person from making accusations before filing a case in court.

“There is nothing in our law books, there is nothing in the Constitution that says accusations cannot be made before the case is filed. Denial of due process means di pinakinggan ang side mo, kinonvict ka na (they did not listen to your side, they just convicted you right away). Eh di naman nagconvict ang Presidente (But the President does not convict),” he said.

Cayetano likened it to Senate privilege speeches, which have traditionally become the venue for exposes or denunciations such as the NBN-ZTE deal, fertilizer scam, and jueteng (illegal numbers game), among others.

“Ilan dito sa amin nagpprivilege speech, pag nagprivilege speech kami may kaso na? Kailangan ba may ebidensya kami ‘pag mag-privilege speech?” he said.

(How many of us here deliver privilege speeches, when we deliver privilege speeches, have we already filed cases? Do we need to have evidence first before delivering privilege speech?)

Critics – in and out of politics – have strongly criticized Duterte for violating the rule of law, including due process and presumption of innocence, in his fight against criminality.

No ‘basic’ human rights violated

Despite incessant attacks on the President’s anti-drug campaign, Cayetano maintained Duterte did not violate any “basic human rights” of those people in his drug list.

While the unconventional ways have sent shockwaves through the entire system, the senator maintained human rights are still prioritized

“Extraordinary ‘yung problem, extraordinary yung solution (The problem is extraordinary; the solution is extraordinary). It’s causing some discomfort but it does not infringe on the basic human rights of those being accused,” Cayetano said.

“Remember these are words, accusations, no confiscation of their properties, no deprivation of liberty. They are not forced to undergo drug tests,” he added in a mix of Filipino and English.

In his first week as president, Duterte identified 5 police generals linked to drugs and ordered their dismissal, though two of them were already retired from the service. The President is known for his name shaming – which was prevalent when he was mayor of Davao City – through his own television program.

Faulty drug list? President just ‘tactical’

Cayetano also defended Duterte’s apparent faulty list of suspected drug coddlers and peddlers, saying it was obtained from different sources. It turned out that some of the names mentioned are either dead or not in service. (READ: FACT CHECK: One judge in Duterte list already dead for 8 years)

“Di naman nya sinabing buhay. Sinabi nya protector. (He did not say they are still alive. He only said they are protectors.) If theres an error, it was an old list. It was not an error on his part,” he said.

Duterte earlier claimed responsibility for the list he publicly revealed.

Cayetano said Duterte is just being his usual “tactical” self to test the people around him.

“The President is very tactical. He does that intentionally. (He gives) right name wrong position, right name but already dead. Also he does that to weed out accomplices,” he said in Filipino and English.

The name shaming, the senator said, is not done for political purposes, adding the next election is 3 years away, in 2019.

It’s not yet the end of the politicians’ careers, as Cayetano said those implicated by the President have enough time to “clear” their name.

“Is it used for politics? Hindi napakalayo pa ng eleksyon e. 2019 pa ‘yung next eleksyon. Kakatapos lang ng eleksyon. Kung incumbent ka, nabanggit ka, you have more than 3 years to clear your name, or to show na mali ‘yung report kung mali nga. E paano kung tama?” the senator said. 

(Is it used for politics? No, the election is still far away. The next election will be in 2019. The last election just ended. If you’re an incumbent and you were mentioned, you have more than 3 years to clear yout name, or to show that the report was wrong, if indeed it was. But what if it is right?) – Rappler.com

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Camille Elemia

Camille Elemia is a former multimedia reporter for Rappler. She covered media and disinformation, the Senate, the Office of the President, and politics.