Ridiculous but damaging
As we start the New Year, the feelings of uncertainty and trepidation still appear to be prevalent among our people. This is obviously because our newspaper headlines are still about the numerous killings happening all over the country which are not only in connection with the on- going war against dangerous drugs but also about the alleged killings that happened in the past. Incredulous as it is, one cannot help but be disturbed and upset by the latest statement of self-confessed killer Edgar Matobato, an erstwhile member of the defunct Davao Death Squad. Once more he dared to say without hesitation that he personally saw our own President Duterte kill 8 people when he was still the City Mayor of Davao.
Even if the Palace spokesman and most of us do not believe that Duterte could do such horrible deeds and that Matobato’s latest revelations are “incredulous” and were just a repeat of his previous statement in the Senate, and that he may have perjured himself, this matter cannot just be ignored and dismissed by merely attacking Matobato’s credibility in the media. Nor is it enough that the Senate through Richard Gordon, the chairman of the justice committee which conducted a previous investigation on extrajudicial killings, already found that “Matobato cannot even prove the same statements he made in the Senate when he was given the chance to do so.” In fact Senators Gordon and Lacson even cited the inconsistencies and “holes” in Matobato’s previous testimony before the Senate panel.
Doubts and fears still persist among many of our countrymen simply because these inconsistencies alone do not mean that Matobato is indeed lying. As held by the Supreme Court in a number of cases, “Trivial inconsistencies do not rock the pedestal upon which the credibility of the witnesses rests but enhances credibility as they manifest spontaneity and lack of scheming.” (People vs. Camat, 677 SCRA, 640). “Slight variations in the testimony of a witness as to minor details or collateral matters do not affect his or her credibility as those variations are in fact indicative of truth and show that the witness was not coached to fabricate or dissemble” (People vs. Nelimida, 680 SCRA 386).
To put a final closure and erase all doubts about this issue, the same must be resolved through due process of law. And due process of law here does not involve the Senate or the Executive Department through its spokesperson. Nor could it be settled through publicity in media. Only our courts of justice have the power to settle this controversy; to determine whether not the inconsistencies are trivial or on minor details and collateral matters as to affect or not affect Matobato’s credibility.
In this connection, the Senate justice committee has even recommended in its report to charge Matobato with the crimes of Perjury and Murder which are respectively punishable under Articles 180-183 and Article 248 of the Revised Penal Code. Based on the Senate Panel report, the recommended charges seem to be strong and airtight especially the murder charge because Matobato himself openly admitted that he participated in some of the killings. But despite the lapse of time, no charges have been filed in court by our Department of Justice (DOJ).
Such inaction on the part of the DOJ can only mean either of two things: first, the Senate findings are not strong enough as to establish probable cause on the guilt of Matobato for perjury or murder; or second, the DOJ does not want our courts of justice to conduct a more thorough and deeper inquiry into these issues as it will just incriminate Duterte because there may be evidence backing up Matobato’s allegations that he personally saw Duterte kill 8 people including National Bureau of Investigation (NBI) Agent Amisola. These observations acquire more validity in the light of Duterte’s own admissions in the past (although subsequently claimed as a joke only) that he is a “killer”; that he has killed criminals.
Because of this delay and inaction, Matobato was able to jump the gun against the Administration by filing charges of murder, kidnapping, torture and crimes against humanity versus Duterte and 27 others before the Office of the Ombudsman. Such move shows that Matobato’s allegations are not entirely unfounded and baseless and he may really have some evidence to prove his charges. And more importantly, it is also a welcome move as it will enable the courts of justice to assume jurisdiction and authoritatively settle this pestering issue once and for all. For the best interest of the country and especially for the best interest Duterte and all of us who refuse to believe Matobato’s charges, the Ombudsman should immediately investigate these charges and act accordingly. In fact Duterte himself should welcome these charges and take steps to expedite the proceedings especially if the charges are really ridiculous.
To erase or at least further clear this “deadly” atmosphere and disregard for human life prevailing in our society now, something must also be done to the summary killings perpetrated daily by the police and unidentified vigilantes in connection with the ongoing war against violation of the Comprehensive Dangerous Drugs Law. As shown in the reports, most of the victims are poor and helpless survived by families without any means of livelihood. Some 2,600 of these killings were perpetrated by policemen under dubious circumstances. But only a few hundred are considered “deaths under investigation” (DUIs) and they are those perpetrated by unknown individuals mostly riding in tandems some of which may also be policemen. Hence a special task force or investigation committee should be organized to probe all these summary killings and determine whether they are really justified and carried out in self defense.
For a brighter new year 2017, Duterte should heed these suggestions and immediately act on them. Most of us still hope to see him succeed as President of this country.
Email: attyjosesison@gmail.com