• Is the President now a mere PNP informant?


    PRESIDENT Duterte was apparently acting on his “highest sense of duty” when in a speech on the 69th anniversary of the Philippine Air Force the other day he named five police “generals” allegedly involved in the dangerous drugs trade. This created instant headlines, but left some questions unanswered about procedural and substantive due process.

    Having made the fight against illegal drugs one of his top priorities, and having all the resources of his office and the support of the public to go after any suspect, the President could have easily quietly ordered sufficient evidence to be gathered against the suspects, and had them charged and arrested, if warranted, before announcing their names to the public. But what happened was the exact opposite.

    Saying the five high police officials have contributed to the “deterioration of peace and order in the country,” he identified them as follows: “General Marcelo Garbo, he was a protector of the drug syndicates in the country; General Vicente Loot, who is now the mayor of one of the municipalities of Cebu; General Diaz, the former director general of Region 11; General Pagdilao, former director general of NCRPO; General Tinio, former QCPD director.”

    And then he asked the National Police Commission to investigate. “I would like to talk to them, but certainly I would like the police commission to talk to them. Imbestigahin ninyo ito at huwag ninyo akong bigyan ng zarzuela—(investigate this and don’t give me a farce),” he said.

    So the ball is now on Napolcom’s court. No formal charges have been filed against the five, but trial by publicity could be more damaging than a court trial, in which the prosecution must prove the charges, and the accused be presumed innocent until his guilt is proved. With the President and Commander-in-Chief making the accusation, what are the chances of the five?

    Guilty until proved otherwise?

    The President has presented no evidence—“no smoking gun” to speak of—but the common perception on the ground is that he would not have named names if he did not have hard evidence.

    So the accused must now prove their innocence.

    How does Napolcom deal with this? Anything less than a formal indictment of the five would be dismissed as a “zarzuela” by the President, and perhaps even by the public.
    Still, even if the five or any of them prove to be as guilty as hell, the inversion of the process—in which the President’s conclusion of guilt precedes the actual investigation of the parties—may have already unduly damaged due process. It could weaken rather than strengthen the courts and our investigating agencies might now await signals from Malacañang on who or how to investigate or prosecute.

    In fact, we should be disturbed when we read about high PNP officials saying the President “will name more rogue cops.” This is absurd. The police officers should be the ones naming the rogue elements to the President, and the latter acting merely on their reports. It now looks like the President is about to become the “chief informant” of the police. This is nonsense.

    No generals involved

    The President is not free from mistakes. In fact, in his speech to the Air Force, he made an unfortunate slip in describing the identity of the offending parties. He called them “generals,” and his military audience could not help but react, even in a muted way, to his unfortunate use of that rank. “General” is reserved only for the military; there are no “police generals.” The Philippine National Police is a civilian organization whose highest official and head carries the rank of “Director General,” equivalent to the military rank of a full-fledged General.

    Director General is also the rank of the highest official of the National Economic and Development Authority next to the President, who is its actual head. A brigadier general in the military is equivalent to Chief Superintendent in the police.

    Unfortunately, none of the news writers, news editors and editorial writers, who presumably know all this, bother to point it out.

    So what happens now? Of course Napolcom would investigate. But just as the Mamasapano inquiries under President Aquino could not produce results that went against his declared position and perceived interests, this investigation cannot possibly produce results that would contradict the President, even if they may not be entirely convinced he is right.

    Let us hope though that while the investigation is ongoing, the police could thoroughly cleanse their ranks of rogue elements involved in illegal drugs and other crimes. And let us hope that because they see how earnest the President is in his anti-drugs and criminality drive, the guilty would finally own up to their crimes and be prepared to say that they were charged and tried without being denied their rights to due process.

    There must be a definitive change in the way justice is administered under DU30 from the way it was under B.S. Aquino 3rd. Even our criminals have a role to play in this.

    Our constitutional conundrum

    With so many groups pushing federalism to drown the clamor for constitutional change, very few seem to see that the problem area is not the unitary system but our presidential form of government. I will not go into any elaborate discussion of this here. But we have just elected a President who belongs to one party and a Vice President (although her election is under protest) who belongs to another. This would never have happened if our Constitution had provided that a vote for the President is also a vote for the Vice President, and vice versa, as is the case in the United States.

    What happened here is that we copied the presidential system from the US, but decided to improve upon it. So while trying to construct a horse, we produced a camel.

    In the last elections, we had more vice-presidential candidates than presidential candidates, and many of them running as independent. Our voters found Alan Cayetano unfit to be elected with Rody DU30, and Robredo more palatable than Mar. So we ended with PDP-Laban’s DU30 as President and LP’s Leni Robredo as Vice President. And because of this, we have a problem larger than DU30’s or Leni’s.

    But not too many people seem to see it. But this is one reason why I say if we are going to revise the Constitution, we should start by reexamining the presidential system before the unitary system.

    What to do with Leni

    We have the next six years to talk about DU30, so for now let’s talk about Leni. She has one serious problem. She does not know what to do. Although her election is under protest from Sen. Ferdinand (Bongbong) Marcos, Jr. at the Presidential Electoral Tribunal (which means the Supreme Court en banc), she is the highest official “elected” under the Liberal Party. This was the ruling party under Aquino; but with PDP-Laban’s DU30’s victory, it is now the opposition party.

    Majority of the LP members have now migrated to PDP-Laban, creating problems of living space (lebensraum) in that previously three-member party. But the LP as such remains in the minority. With the defeated LP presidential candidate Mar Roxas going under the radar after the elections, and LP Senate President Franklin Drilon joining the PDP-led Senate coalition under a new PDP-Laban Senate President on July 25, the LP leadership is now in limbo. Thus, Leni Robredo has been offered a chance to lead the party.

    A great opportunity

    But she has declined, citing her lack of experience and preparedness for the job. She merely wants to “support” the President, and will most probably accept a Cabinet post, if offered any. There is an obvious lobby to get her that, from the way the media talk of her being “deprived” of such a post, as though she was entitled to it by right.

    But why should DU30 give her any? She is not a member of his party, and bringing her into the Cabinet would create a second “pole” of political power with independent support from a rival party, whose original “Plan B” was to impeach him in order to catapult her to the presidency.

    Doing a Macapagal?

    Her best shot—as some sympathizers have suggested—is to imitate Diosdado Macapagal, GMA’s father, who as President Carlos P. Garcia’s Vice President from 1957 to 1961, spent his entire term going around the country attending fiestas and delivering pep talks, having no Cabinet duties to perform. In 1961, he ran against Garcia and beat him in his bid for reelection. Leni could try to do the same, in preparation for the 2022 presidential election, if we do not abandon the presidential form of government.

    But—and it is a big but—if she is not even prepared to lead her own political party, how could she ever think of wanting to become President? Moreover, given the pending electoral protest against her, which many seem to believe is not without sound legal and electoral basis, she could lose her seat before the six-year term is over.

    Probing her husband’s death

    There is one thing she can do, though. And this could be truly meaningful for herself and the nation. She could initiate a definitive inquiry into the death of her late husband, the former Secretary of Interior and Local Government Jesse Robredo, who died in a plane crash off Masbate island on Aug. 18, 2012. Not a few people, including one saintly priest, are convinced the plane crash, in which one person survived, was the result of foul play and that Robredo was intentionally killed for some mysterious reason.

    Aquino’s efforts to lionize Robredo with all sorts of honors and decorations after his death, including finally his move to make his widow Leni the Vice President, were attempts to cover up the dark deed against him, on top of Aquino’s own failure to give him his due as DILG Secretary. Under the law, the DILG has jurisdiction over the police and (nominally) over local governments, but Robredo was denied supervision over the police, which Aquino gave instead to Rico Puno, the DILG undersecretary and his own shooting buddy.

    According to uncontested reports, Puno’s immediate action upon Robredo’s plane crash, before his body was recovered three days later, was to have the late secretary’s condo unit in Metro Manila thoroughly searched. It was not known what they were looking for, and what they found there, if any.

    Provoking aninquiry into Aquino

    A deep inquiry into this death would create a precedent, which the government could follow. One such death is Ninoy Aquino’s. To this day, the nation remains in the dark about the brains of his Aug. 21, 1983 assassination, which shocked the world. The knee-jerk attempt to blame it on Marcos, like the attempt to blame the 1971 communist bombing of Plaza Miranda on him, has been totally discredited by the fact that he was the first one to suffer its fatal consequences, and he was much too intelligent to engineer his own destruction and ignominy. The real culprit could probably be identified by asking the question, cui bono?—who benefits?—and this has not been examined sufficiently.

    For the strangest of reasons, neither Ninoy’s widow Cory tried to have the matter investigated during her six and a half years as President, nor his son Noynoy, during his six years from June 30, 2010 to June 30, 2016. But the Filipino nation deserves to have a more complete knowledge of its history. This is one service Leni could perform while she awaits her fate in the vice presidency.



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    1. If Leni thinks she lack experience and preparedness to lead the LP, what more for the VP position, which would assume the presidency should anything happen to Duterte (God forbid).

    2. Magpapaniwala kayo kay Tatad Magnanakaw, kagaya ng amo niyang si Ferdie at ngayon naman si Bobong fake diploma. Tatad, your view about guilty until proven is one that you are actually espousing in this column on Leni v. Bobong case since you sounded like, Leni was cheating Bongbong although not even a single evidence was presented by your amo until now. Even during the canvassing in congress, Atty. Makalintal dared your Bobong to present even one evidence but none was ever done. How sure you are that Leni is incapable of running her office as VP? Just compare her performance as a one-termer congresswoman with that of Bobong as congressman and senator for more than 10 years and you will find that Bobong never accomplished anything. All he does was trying to look like his Dad’s clone by wearing a white short-sleeved with straight-cut laylayan barong and a hawi hair and that’s it.

    3. Rodan Guerrero on

      As early as now Leni Robredo is already drunk of assuming as the rightful VP of this country. It is not important to her whatever happened whether her husband was intentionally killed by her political patron who bribed her of the position she is now enjoying.

    4. One hard evidence to rely on is a big why shabu still proliferate in the turf of the police general despite their defense that they have made many arrest when they are the RD of a ceratain area. Whats the explanation about that? Those arrested are competitors in the drug business. Despite the many arrest, many shabu seized still there are many in the market. The burden of proof is on the side of the accused. I admire d30 for he has guts to expose this wrongdoings. I firmly believe d30 is on the right track. May your tribe increase.

    5. I agree, Filipinos dismiss due process and the Bill of Rights as if a user’s manual of a gadget until trouble comes and they start searching for it in the hope of finding a remedy.

      Federalism will empower the powerful to the detriment of the whole country. I support shift to parliamentary system, to address bottleneck between the executive and legislative, and to do away with the expensive presidential election.

    6. Can you tell us your thinking on Ninoy’s murder? I’m sure you know things beyond what we, mortals, know.

    7. I do not read your column Mr. Tatad. I do not know why people waste their time reading your column. Your column is plain Garbage.

      • Rodan Guerrero on

        I just wonder why people like you refuses to face the truth. Kits Tatad is one of the few journalist who deserves being so. Maybe you prefer reading articles written by Rouge Journalists. You must be shameless doing such comment here against a principled journalist like Kits Tatad. Remember this man was one of the first individuals who went against the former strongman.

    8. No generals in PNP lexicon? Semantics. PNP Informant? Just fulfilling his campaign promises. Hes just being true to what he says. Walang plastikan. Which is more than i can say of most people especially those in the so called Elite and “very civil society”

    9. ruben m dimaculangan on

      sabi po ng ilan sa media na itong “revelation” ng mga pangalan ay bunga na nga ng halos ilang buwang pagsasaliksik. Kung nagkamali man sa proceso dahil sa lumabas na parang “trial by publicity” o “guilty until proven innocent”, siguro itong ginawa ni ka digong ay isang exasperation sa katotohanang walang ni isa man na officer ng pnp na sumuko. Reaction din ito ni ka digong ito sa paulit-ulit na ginagawa sa ibang administrasyon na hanggang hiyain lang sa senado ang “culprit” at ang lahat ay IN AID OF LEGISLATION. Tuloy, sa karamihan ng batas, di malaman kung aling batas ang iko-quote o iaapply. Pulos procedure, pulos debate sa nomenclature at pagalingan sa proceedings, wala namang nangyayari. Kaya pati ang nangyayari, nasasayang ang napag-aralan sa university. Parang na-reduce ang abogasya sa galing sa debate at LALO NA SA PAGPAWI NG EBIDENSYA.

    10. Now that Rob-widow is with HUDCC, she should get Mr. Jun Palafox who is listed as one of the top archiect and urban planner in the world to help crafting comprehensive development planning for metro cities and communities. HUDCC is never only about building livable structures but planning communities taking into account concerns on sanitation, environment, foot and automobile traffic and support facilities. You just don’t design lot plots and give titles to lands whose mother title has never undergone relocation and GPS-positioning surveys.

    11. rey quijada on

      Senator you are correct na parang baligtad yata na kailangang manguna si Digong kaysa mga pulis. But his is the reason why we voted for Digong despite his admitted weaknesses because he is the only candidate who is willing to put in line his life, dignity and the Presidency for his people in fighting drugs. Results are coming in but I hope things will normalize very soon. Admittedly things are not normal when the very officials who are expected to protect us are destroying us. Good morning po.

    12. Knowing that Bongbong Marcos was cheated in the 2016 election, people would sympathize and vote for him in the 2022 election. It’s just like what happened to Koko Pimentel who lost in the senatorial election but he filed a election protest and won, and he was finally declared senator. When Koko Pimentel ran again in the next senatorial election, people sympathized with him and he won the election.

    13. Jose A. Oliveros on

      Does Mr. Tatad remember the so-called 1975 “Luneta massacre” where his former Big Boss, the late Ferdinand Marcos, publicly announced the dismissal – yes dismissal – of several high-ranking government officials and even some lowly government functionaries? Many of those dismissed were not facing any charges; and no evidence against them was mentioned by Marcos in his hour-long speech? That was worse because in the case of the police officers mentioned by Pres. Duterte, he ordered them investigated and in the meantime relieved from their posts.

      As for referring to those officers as “generals”, policemen – from the highest to the lowest ranking ones – refer to their colleagues in ordinary conversation by their military ranks – sergeant, lieutenant (or teniente), captain, major, etc. etc. It is only in formal conversations and communications that they are referred to by their official ranks in the PNP.