ILOILO City – Atty. Abdiel Dan Elijah “Ade” Fajardo, former National President of the Integrated Bar of the Philippines (IBP), believes the arrest of former President Rodrigo Duterte is a victory for the rule of law.
Fajardo, who served as IBP National President from 2017 to 2019 during Duterte’s administration, emphasized that crimes against humanity, including mass murder, must be held accountable, whether prosecuted in the international arena or under domestic laws.
“This is the triumph of the rule of law. Ang crime against humanity, specifically mass murder, is not only punished in the international arena. In fact may domestic law kita, the same act of mass murder classified as crime against humanity,” Fajardo said.
“So, bisan diin man ina sia i-arrest, whether sa Pilipinas invoking domestic law, or sa International Criminal Court (ICC) invoking international law, ang krimen pareho man gihapon,” he added.
After his arrest on Tuesday morning, March 11, the International Criminal Police Organization (Interpol) flew Duterte to The Hague in the Netherlands where the ICC is based and where his trial will take place.
According to Fajardo, the outcome of Duterte’s ICC case could lead to either accountability or exoneration.
Since no conviction has been made yet, the former president remains under arrest in The Hague, pending trial.
“We’re seeing the beginning of a trial where the former President could be held accountable or, conversely, clear his name,” said Fajardo.
He also expressed confidence in the International Criminal Court (ICC), noting that ICC prosecutors are known for their thorough investigations before filing cases or requesting arrest warrants.
Immediate Execution of Arrest Warrant
Fajardo supported the immediate execution of the arrest warrant against Duterte, arguing that warrants are generally served promptly.
“May standing warrant of arrest, kag ang warrant of arrest normally gina-implement ina sa madasig nga panahon para indi malagyo ang subject sang warrant of arrest. So to me kinahanglan gid man nga ma-implement daya ang warrant of arrest,” he said.
He further believed there was no shortcut in the process of serving the arrest warrant, as it was processed through the Interpol.
Since the Philippines is a member of Interpol, it is obligated to follow Interpol’s notices, stressed Fajardo.
Duterte’s Legal Remedies
One of the legal remedies immediately taken by Duterte’s camp was filing a habeas corpus petition to determine whether his arrest was legal or not.
But Fajardo clarified that the legality of the arrest falls under the jurisdiction of the ICC, where the arrest warrant originated, and not in Philippine courts (Supreme Court, regional trial court or any other local court).
“Only the ICC can determine if the arrest was legal or not,” Fajardo said.
He also noted that Duterte’s legal team was late in filing the habeas corpus petition to stop his extradition abroad.
Extrajudicial Killings Under Duterte
Reflecting on the Duterte administration’s controversial war on drugs, Fajardo pointed out that “halos adlaw-adlaw may nakita nga bangkay. I don’t think manigar sang tanan or bisan sang police nga may natabo gid nga linibo nga napatay.”
Even lawyers, judges, and prosecutors, were victims of extrajudicial killings (EJKs), he lamented.
Some lawyers even sought help from the IBP after being targeted by the police for assisting drug suspects, Fajardo revealed.
“Bisan sila abogado lang, gin-priso sang mga pulis tungod nga nagtabang sila sa mga gin-aresto sa war on drugs. Kita ya sadtu siempre nagbulig kita sa sector nga sa pamatyag ta wala gid sang bulig,” said Fajardo. “Ti indi man sala sang abogado nga ang client ya drug case.”
He added that the abuses were not limited to lawyers.
“Nga-a pati ang abogado, judge, piskal umidon mo? Kami to sang una nagpanindugan nga indi lang gid pagdalahigon ang mga tawo nga kinahanglan man sang wheels of justice,” said Fajardo./PN
