Republic of the Philippines

INTEGRATED BAR OF THE PHILIPPINES

COMMISSION ON BAR DISCIPLINE
Pasig city

In RE: PETITION FOR DISBARMENT

STUDENTS FOR ETHICAL CONDUCT

Petitioners,

-versus-

Honorable President Rodrigo Roa Duterte

Respondent,

X----------------------------------------------------------------------------------------X

PETITION

PETITIONERS, unto this Honorable Office, most respectfully aver,

1. That petitioners are of legal age, Filipino, and having postal

address at Adamson University, San Marcelino St. Ermita, Manila,
Metro Manila.

2. That Respondent President Rodrigo Roa Duterte is of legal age,

Filipino, and may be served with summons and other processes at
Malacañang Palace, JP Laurel Street, San Miguel, Manila, Metro
Manila.

THE CASE

3. That the petitioners seek for the disbarment of President Rodrigo

Roa Duterte for grossly immoral conduct and violation of the Lawyer’s
Oath.

STATEMENT OF FACTS

4. That the respondent keeps two wives and two other girlfriends.
Maintaining illicit relationships and having more than one wife is most
certainly iniquitous and immoral. The respondent defended his
actions by saying “This is a world of hypocrisy. Who among you here
does not have a mistress?" and "But really there are so many women
and you have so short a time in this world. My God!" during an
interview. In another interview he even boasted, “They are telling me
that they heard I am a womanizer. That is true. That is very true.” His
actions and statements are clear indications of being a womanizer, a
grossly immoral conduct and an act that violates Canon 1 Rule 1.01

1
of the Code of Professional Responsibility. (Herein attached as
Annex A and B)

5. That the respondent, despite holding the highest position in our

country, continuously hurls profanities and expletives blatantly
against individuals from all walks of life, whether he be a world
renowned leader of a state or regular individual. Such words would
often be delivered in official speeches and dialogues in his capacity
as a lawyer and as the President of the Philippines. Such act of
arrogance taints the integrity and dignity of the legal profession,
which is in violation of Canon 8 Rule 8.01 of the Code of Professional
Responsibility. (Herein attached as Annex C and D)

6. That the respondent has openly admitted to personally killing

criminal suspects during his reign as the Mayor of Davao. As stated
in the Bill of Rights, no person shall be held to answer for a criminal
offense without due process of law and the accused shall be
presumed innocent until the contrary is proved. Notwithstanding the
innocence or guilt of the accused, the Constitution must be upheld
and due process must be accorded to every single accused. Such act
is in violation of the Lawyer’s Oath and Canon 6 Rule 6.01 of the
Code of Professional Responsibility. (Herein attached as Annex E
and F)

7. That the respondent’s inaction to resolve extra judicial killings, as

the leader of our state, is tantamount to permitting and consenting to
such action, which violates Canon 4 of the Code of Professional
Responsibility. (Herein attached as Annex G and H)

8. That the respondent threatened to kill human rights groups for

allegedly obstructing justice. Such threats were made openly and
publicly during interviews and press conferences. The act of
threatening to eliminate individuals is unquestionably unbecoming of
a lawyer, much less a head of the state. His statements violate the
Lawyer’s oath and Canon 7 Rule 7.03 of the Code of Professional
Responsibility. (Herein attached as Annex I and J)

PRAYER

WHEREFORE PREMISES considered, Petitioners pray that

President Rodrigo Roa Duterte be disbarred. All other reliefs just and
equitable under the premises are likewise prayed for.

___________________________
Kaiser O. Querubin
Students for Ethical Conduct

2
 ANNEX A

Duterte: I have 2 wives and 2 girlfriends

HE MUST be a romantic at heart. And maybe a comedian, too.

In a no-holds-barred speech before 10,000 supporters on Sunday night in Taguig

City, Davao City Mayor Rodrigo “Digong” Duterte opened up about his personal
life, speaking not only of having two wives but of two girlfriends, as well.

When he was younger, the 70-year-old presidential aspirant said, he would

spend the whole night with his girlfriends, but since he had grown older, he could
spend only “short time” with them.

The crowd apparently enjoyed his speech, cheering, applauding, laughing and at
times shouting with glee.

Duterte spoke at the end of a “MAD (Musicians and Artists for Duterte) for
Change” concert around 10 p.m., hours later than originally planned because he
said his flight was delayed.

He said the public needed to know everything about him, including his love life
and interest in women, if they want to make him President.

Fascinated with women

Duterte, who said among other things that corruption would have no place in his
administration, admitted his fascination for women.

The presidential aspirant was seen greeting and approaching beautiful women as
he made his way to the stage to speak, breaking security protocol.

He also had photos taken with him while women sat on his lap.

“Many are asking what my credentials are and what I can do for the Philippines,”
he said when he spoke. “They are telling me that they heard I am a womanizer.
That is true. That is very true.”

Two wives

Of his two wives, he said: “I have a wife who is sick. Then I have a second wife,
who is from Bulacan.”

He said his second wife worked as a nurse in the United States and that she got
pregnant after his frequent trips to that country, when he was still a
congressman.

“I have two girlfriends. One is working as a cashier and the other works for a
cosmetics store at a mall. The one working at the cosmetics store is younger.
The other one is older but more beautiful.”
“If you want me to become your President, you should know everything about
me,” he said, standing beside Sen. Alan Peter Cayetano, the vice presidential
candidate he plans to run with in the 2016 elections.

3
Personal money

Duterte, however, made it clear that even if he was a known ladies’ man, he
didn’t use government money to support his women.

“I do not support them with the money

from the government but from my own money and allowances,” Duterte said.
“I do not let them live in posh condominium units. They just stay in
boardinghouses worth P1,500 a month.”

‘Younger one’

Duterte said “the younger one” once asked him for a repossessed car “but I did
not agree because I told her that our travels just include trips from her
boardinghouse to a hotel.”

Duterte claimed that when he was younger, he would stay overnight with a
girlfriend “but now I am old, it would only be for ‘short time,’” he said, amid
laughter.

Duterte drew cheers from the crowd composed mostly of his supporters from
various parts of Metro Manila, like Caloocan City, Quezon City, Muntinlupa City
and Taguig City.

SOURCE:
http://newsinfo.inquirer.net/743793/duterte-i-have-2-wives-and-2-girlfriends

4
 ANNEX B

Duterte draws ire for defending concubinage

President Rodrigo Duterte faced criticism on Wednesday for defending concubinage by
a powerful political ally.

Duterte had said that like himself, House Speaker Pantaleon Alvarez -- who has made
public his extramarital affairs -- had "many wives".

"This is a world of hypocrisy. Who among you here does not have a mistress?" the
president said in a speech aired live on television on Tuesday night, adding it was "a
non-issue".

The comments drew sharp rebukes in the conservative and mainly Catholic nation that
remains the last holdout against divorce -- apart from the Vatican itself.

"All of it is sexist and misogynistic to explain improper behavior simply by virtue of being
male," Senator Risa Hontiveros told AFP.

"It sends a message that undermines the many struggles and gains so far for women's
rights and gender equality."

Alvarez, the country's fourth-highest official, is an old friend and political ally of Duterte.

The politician made headlines in the past week when he publicly admitted having sired
eight children, six of them with two women other than his wife.

Duterte, in the televised speech to government employees in Manila, admitted his

comments defending Alvarez's affairs were "a chauvinist statement".

"But really there are so many women and you (have) so short a time in this world. My
God!" he said in comments that drew laughter from the crowd.

"The thing there is that you're able to support the children. That's it."

Duterte said that unlike married Christian Filipinos who are allowed a single wife, Alvarez
"never converted to Christianity. So he is not bound by the rules of the number of women
that you can have."

Filipino critics dispute his comments, saying that while Muslim men are allowed to marry
more than once, adultery and concubinage are criminal offenses.

Duterte, 72, whose first marriage was annulled and who is in a long-term relationship
with another woman, has openly boasted about having mistresses and using Viagra to
have sex with them.

"Who isn't entitled to happiness? Ask these lawmakers, how many of them have two,
three or four mistresses? Ask them," Duterte said on Sunday in his first public comments
on the Alvarez controversy.

Duterte's defense of concubinage smacks of a double standard, said Elizabeth

Angsioco, national chairwoman of the Democratic Socialist Women of the Philippines.

"These are men in positions of power so it's unacceptable and appalling that they just
speak lightly of these things. It's very dangerous," Angsioco added.

SOURCE:
http://news.abs-cbn.com/news/04/05/17/duterte-draws-ire-for-defending-concubinage

5
 ANNEX C

Duterte under fire for cursing Pope Francis

Davao City Mayor Rodrigo Duterte on Monday came under fire for cursing at Pope
Francis after he allegedly got caught in a traffic jam during the Catholic leader's visit in
the Philippines in January.
Duterte was irate over the bad traffic situation in Metro Manila when he cursed at the
Pope.
The Davao mayor, during his speech on Monday at the Century Park hotel where he
was formally declared PDP-Laban standard-bearer, said he got stuck for 5 hours in a
traffic gridlock because of Pope Francis.
“From the hotel to the airport, alam mo inabot kami ng… limang oras. Sabi ko bakit?
Sabi pinasarado daw,” he said.
Duterte said a friend told him that the traffic jam was caused by the Pope's arrival.
"Gusto kong tawagan, 'Pope p******”

This drew laughter from some of his supporters in the audience.

However, this was not received well by other people, including Presidential spokesman
Edwin Lacierda.
"Mayor Duterte, you can say all you want about politicians but you don't curse my Pope
Francis! #defendthepope," Lacierda said on Twitter.
Duterte denies cursing Pope Francis
Duterte later denied cursing Pope Francis.
The tough-talking mayor, however, clarified that he would still not invite the pontiff back
to the country.
In an ambush interview at a radio station in Makati City where Duterte was also
interviewed live on air, the presidential aspirant claimed that it was not Pope Francis who
he was cursing, but the way the government handled the security preparations that led
to closures of some roads resulting to massive traffic jams in the metro.
Duterte kept on saying that he peed in his car after being stuck for hours in traffic during
the Pope's visit. This, he said, was evidence of incompetency on the part of the
government.
"I never said p**** mo Pope. I said ‘‘t****, huwag ka na pumunta dito.’" he clarified, "You
travel for five hours for five kilometers, you don’t use your heads! You allow people to
endure hardships!”
He said if ever given the chance to talk to the Pope, he will suggest for him not to visit
the Philippines again if it would mean more suffering for Filipinos.
Duterte said, "Sorry na lang Pope, nadali ka sa pitik ko, baka makarating ito sa Vatican,
galit ako sa mga nasarahan, sinara ang mga daan, madami kaming naghirap Pope,”
Duterte said.
“If he asks me, ‘are you inviting me again?’ ‘If people will suffer, can I say no this time,’"
Duterte added.
"I don’t crave for ratings, I do not need praises, I will not die if I don’t become the
president" Duterte said, "if you don’t like my character, the solution is do not vote for
me."
SOURCE:
http://news.abs-cbn.com/halalan2016/nation/11/30/15/duterte-under-fire-for-cursing-
pope-francis

6
 ANNEX D

Duterte throws vulgar word at NDF consultants in profanity-

laden SONA
President Rodrigo Duterte in his State of the Nation Address threw a vulgar Visayan
word at consultants of the National Democratic Front, who he said proceeded to go to
Norway even after the peace talks got stalled.

Duterte's second SONA was peppered with invectives meant for human rights
advocates, corrupt public officials and insurgents.

"Ang gastos ng Norway... sumurender na siya, kasi naging issue sa pulitika eh this
government who provided the good offices, matatalo sa eleksyon dahil sa issue diyan,"
Duterte said, referring to NDF chief political consultant Jose Maria Sison.

"Kasi pabalik-balik ang mga buang, akala mo mga turista. Wala namang pinag-usapan.
Pagdating dito, gusto ng ganito, gusto mo. Lulo mo," he said.

Lulo in Bisaya means masturbation.

Duterte delivered his second SONA with the bravado—and cuss words—his supporters
have come to expect.

Aside from going off script, the President took things a step further by peppering his
speech with expletives.

Addressing critics who hit him for his seeming disregard for human rights, Duterte
pointed to heinous crimes like the Bulacan massacre to explain his vigorous campaign
against crime.

Human rights concerns in the face of such brutality, he explained, is "trivial."

"If you add human rights and due process, you stink and your mouth smells," he
declared. "If you want to criticize -- criticize, condemn the act, stop them. But do not give
the excuse or do not make it trivial by saying human rights at least will be protected."

He added, "'Yan ang pinaka-bugok magawa ng isang tao ... [D]o no talk about it at the
same time when there is a carnage and you begin to blabber, talk about human rights."

"Lalong nagagalit ang tao. P-tangina mo, akala mo sino na..." he continued.

If his critics continue defending human rights, Duterte said, "Magmukha kang gago sa
harap ng Pilipino."

The President repeated "t-ngina" at least three more times again in his speech and he
was also heard saying "tarantado", "son of a bitch", and "gunggong," He also confessed
to being a bully.

Duterte also deviated from his prepared speech in his first SONA, but he refrained from
using profanities as he vowed to be more presidential when he assumed office.

SOURCE:
http://www.gmanetwork.com/news/news/nation/619288/duterte-throws-vulgar-word-at-
ndf-consultants-in-profanity-laden-sona/story/?tag=sona2017

7
 ANNEX E

Duterte: I personally killed drug suspects

Just hours after declaring he was “not a killer,” President Duterte told a group of
business leaders on Monday night that he “personally” killed drug suspects when
he was mayor of Davao City.

Mr. Duterte said he rode a big bike—presumably his street-eating Harley-

Davidson motorcycle—to patrol the streets, spoiling for a fight and seeking to kill.
He was defending his scorched-earth policy in the fight against illegal drugs for
which he had drawn criticism from the United Nations, United States, European
Union and international human rights groups.

Mr. Duterte said one-third of the nearly 6,000 drug suspects slain in his war on
drugs were killed in legitimate police operations.

“I know it because—I am not trying to pull my own chair—in Davao I used to do it

personally. Just to show to the [policemen] that if I can do it, why can’t you?” Mr.
Duterte said during the Wallace Business Forum in Malacañang.

“I go around in Davao (on) a big bike and I would just patrol the streets and
looking for trouble. I was really looking for an encounter to kill,” he said.

For that approach to fighting crime in the Philippines’ “murder capital,” Time
magazine called Mr. Duterte “The Punisher” in an article in 2002.

The magazine echoed the moniker in another article after Mr. Duterte’s election
as President in May.

In his speech to businessmen on Monday night, Mr. Duterte said allegations of

human rights violations hurled at him by local and international groups would not
stop him from pursuing his campaign against the illegal drug trade.

“If I am afraid [and] stop because of the human rights … sorry, I am not about to
do that,” he said.

“You [want to] arrest me? Oust me? Go ahead,” he added.

“So fine. Oust me? Good. Assassinate me? Better. I have this migraine every
day [anyway],” he said.

Barely five months into his six-year term, Mr. Duterte has gained notoriety for
backpedaling on controversial policy statements.

After drawing fire for his outrageous comments, Mr. Duterte would later dismiss
them as a “joke.”

Or his aides would explain his comments as “hyperbole,” even though his
comments were quite plain statements.

Shortly before addressing the businessmen, Mr. Duterte rebuffed insinuations

that he was a “killer” for condoning extrajudicial killings in his war on drugs and
encouraging police to kill suspects who would resist arrest.

8
“I am not a killer. I do not relish or enjoy [seeing] a Filipino sprawled there with all
the blood,” Mr. Duterte said in a speech during The Outstanding Filipino Awards
for 2016 in Malacañang.

“I do not want you to die, that is not my order,” he stressed. “And even if
Congress would give me a carpet authority to kill everybody, I won’t have the
time nor the bullets to do it.”

He added: “You know every time I decide on things to buy guns and bullets,
there is always in my mind that these things would be used against the Filipinos
…. I don’t enjoy it.”

He needs help

As in his previous speeches, the President took out a sheaf of documents and
showed it to his audience during his talk at both events in the Palace.

“This [is] the drug industry in this country,” Mr. Duterte said. “I would like to get
advice. What should I do? I really want to cry. I feel as if I can’t do it.”

He said he gave copies of the documents to House Speaker Pantaleon Alvarez

and Senate President Aquilino Pimentel III to seek help in dealing with the drug
menace, which he described as “a threat to national security.”
But Mr. Duterte has some ideas of his own, including making the rich adopt drug
addicts.

He also had a few words for the Catholic Church, one of the strident critics of his
bloody war on drugs: “Check out your flock and look for the lost sheep.”

“They say, ‘Why did Duterte have to kill them? Why not just send them to
[rehabilitation centers]?’ Son of a bitch. They did not know I have nowhere to go,”
he said.

“If you want to help me, make available your houses. To the rich people, those
who have mansions with four, five or six rooms, give up one of the rooms. Adopt
an addict and see what happens,” he said, eliciting giggles from his audience.
For the nth time, he said the Aquino administration left him funds good only for
maintenance and operations, and nothing for building rehabilitation centers for
drug addicts.

“So to the bleeding hearts, if you really want to stop the violence, do it. You adopt
an addict and share the love [with] your fellowmen,” he said.

“It’s for you to understand the perdition of a drug addict. If you want, I will start
with those from Tondo. Choose what you want, boy or girl. It’s just the same
[anyway]. If they go crazy, they will stab you dead. It leads to a massacre. Do
you think it’s that easy?” he said.

SOURCE:
http://newsinfo.inquirer.net/853420/duterte-i-personally-killed-drug-suspects

9
 ANNEX F

Philippines' Duterte admits personally killing suspects

Philippines' President Rodrigo Duterte has admitted he personally killed criminal suspects as
mayor of Davao.

It is the first such admission he has made since becoming president in June, but echoes
comments he made in 2015.

He ran the southern city for two decades, earning a reputation for cutting crime, and criticism
for allegedly supporting death squads.
Mr Duterte was speaking to business leaders at the presidential palace on Monday, before
an overseas trip.

It is the latest in a series of controversial and sometimes contradictory comments by Mr

Duterte.

'Blood on his hands'

"In Davao I used to do it personally. Just to show to the guys [police] that if I can do it why
can't you," he said.

"And I'd go around in Davao with a motorcycle, with a big bike around, and I would just patrol
the streets, looking for trouble also. I was really looking for a confrontation so I could kill."

In 2015, he admitted killing at least three men suspected of kidnapping and rape in Davao.

The comments have been condemned by human rights group Amnesty International, which
has called on him to put an immediate end to the killings.

"The climate of impunity in the Philippines has intensified even further since President
Duterte began his brutal crackdown on suspected drug users and dealers in July, with a
wave of unlawful killings claiming more than 5,000 lives across the country," said Rafendi
Djamin, the group's director for South East Asia and the Pacific.

"By boasting about the blood on his own hands, President Duterte will further embolden
police and vigilantes to blatantly violate laws and carry out more extrajudicial executions
without fear of being held to account."

In September a Senate inquiry heard testimony from a self-confessed former death squad
member that Mr Duterte had, while serving as Davao mayor, shot dead a justice department
agent with an Uzi submachine gun.

Nearly 6,000 people are said to have been killed by police, vigilantes and mercenaries since
Mr Duterte launched his drug war after being elected in May. He has expressed few regrets
about the policy, once saying: "Hitler massacred three million Jews... There's three million
drug addicts. I'd be happy to slaughter them."

Mr Duterte has repeatedly said he does not care about human rights and has suggested that
lawyers defending drug suspects might also be targeted in his campaign, says the BBC's
Jonathan Head.

Some human rights lawyers believe the outspoken president's open support for a shoot-to-
kill policy by the police could make him vulnerable to prosecution for crimes against humanity
at the international court.

SOURCE:
http://www.bbc.com/news/world-38311655

10
 ANNEX G

Duterte defends killing of drug pushers, says they deserve death

Thousands of Filipinos gathered in Singapore on Friday to catch a glimpse of their
president, Rodrigo Duterte, in a big show of support for a leader whose bloody war on
drugs has horrified global rights groups but won support at home.
About 135,000 people from the Philippines live in Singapore, according to a breakdown
of Philippine statistics for 2015.

About 70,000 of them are women working as domestic helpers, rights groups estimate,
and many of them turned up on Friday - some without the permission of their bosses - to
cheer their president on a visit to the city state.

"Most people love Duterte," said 43-year-old maid Arnelya, who declined to give her full
name because her employers did not know she went out.

"I didn't ask them because they wouldn't have let me. I'm very lucky because my
employers are on holiday," said Arnelya, who is supporting her four children back home
on Mindanao island, Duterte's home region.

Hours before Duterte was due to appear at an exhibition center near Singapore's Changi
airport, cover bands, a church choir and a martial arts group took to the stage to
entertain the crowd.

Organizers issued 6,000 tickets for the event but expected a much larger turnout as
supporters turned up hours early.

Duterte's war on drugs, the key plank of his campaign for a May election, has claimed
about 5,000 lives since July 1.

While international rights groups, organizations including the Untied Nations and leaders
such as US President Barack Obama have raised concern about the extra-judicial
killings, at home, the bloody toll has bolstered Duterte's standing.
Duterte retained a "very good" opinion-poll rating after six months in office, with a net
satisfaction rating of 63 percent, a Philippine polling agency reported this week.

Arnelya shrugged off international criticism of Duterte, saying restoring order was "good
for foreigners also".

Other supporters held up clenched fists and banners reading "You are not alone on your
war against drugs, Mr. President" and "Duterte - Making Philippines glorious again".

"I admire the war on drugs," said 31-year-old architect Rene Tahun.

"He's fighting for us, for peace, order and safety. He must be tough. If not, crime will still
go on."

Duterte has promised the country's millions of overseas workers to boost the economy
and fight drugs and corruption, so they can come home to a better life.
Across town, in central Singapore, Lilian Taguinod, 34, was disappointed she could not
go to see her president.

"I love Duterte," said Taguinod, holding her employer's nine-month-old daughter.
"I want to see him, but I can't go because I cannot take the day off. It is impossible for
anyone else to take care of her. She's like my fourth daughter."

SOURCE:
http://news.abs-cbn.com/news/12/17/16/duterte-defends-killing-of-drug-pushers-says-
they-deserve-death

11
 ANNEX H

Shoot to kill? Duterte's statements on killing drug users

Human rights groups and foreign leaders are concerned that Duterte's
statements are an 'apparent endorsement' of extrajudicial killings – an allegation
the Palace vehemently denies

It has been a common refrain between the government and its critics: the latter
decries President Rodrigo Duterte's "shoot-to-kill" orders against alleged drug
users, while the former denies there ever was such a thing.
As human rights groups, international media, and diplomats begin to take
increasing notice of the number of drug-related deaths in the Philippines, it
comes with criticism against what they perceive as the government's tacit
endorsement of extrajudicial killings.

The harrowing images have been splashed across international news outlets:
photos of slain people with their faces wrapped in tape, usually beside a
cardboard sign saying: "I'm a drug pusher, do not emulate me."

But the relatives of some of the victims insist that their loved ones did not fit the
profile of a drug user, or were simply at the wrong place at the wrong time.

One US senator said Duterte was endorsing "what amounts to mass murder."
Human rights groups point out that vigilantes have grown emboldened because
of Duterte's many statements defending and even promoting the killing of alleged
drug users who fight back.

Even before the start of the campaign period for the May 2016 polls, Duterte had
already promised to order the killing of criminals. But he emphasized that this
should only be done if they fight back.

This caveat has been the government's consistent defense against criticism that
it endorses extrajudicial killings.

Shoot to kill, DIY arrests

Duterte has long been vocal about his hardliner stance against illegal drugs. His
campaign threats to kill drug users, he said, were not rhetorical.

Several months since the May polls, the Philippines is seeing the concrete
evidence of that statement: thousands have been killed in Duterte's bloody war
on drugs, some of them under questionable circumstances.

In May, shortly after winning the elections, Duterte said he would give security
forces "shoot to kill" orders against those who resist arrest.

He also said he would offer million-peso bounties for the capture or death of drug
lords.

But he was quick to add: "I'm not saying you kill them but the order is 'dead or
alive.'"

The President has made several pronouncements in the same vein, issuing
shoot-to-kill orders but immediately clarifying that it should only be done if the
suspects resist arrest.

12
He has made this call not only to law enforcers, but to ordinary citizens. In June,
during a thanksgiving party in Davao City, Duterte endorsed the idea of ordinary
civilians engaging in do-it-yourself arrests.

"Kayong nandiyan sa neighborhood ninyo (Those among you in your respective

neighborhoods), feel free to call us, the police, or do it yourself if you have the
gun, you have my support," he said.

If a suspect resists arrest, "you can kill him," Duterte said.

The President added, "Only if your life is in danger, at lumaban, at may baril din
at kutsilyo, barilin mo (and there is resistance and the suspect is armed with a
gun or knife, shoot). I'll give you a medal."

'Layered' messages?

Aside from issuing shoot-to-kill orders, Duterte has vowed to protect the
policemen who do their duty, even if they kill a thousand people in the course of
their work.

"Do not bullshit with me but do your duty, I will die for you. Do your duty and if in
the process you kill 1,000 persons because you were doing your duty, I will
protect you," he said in July.

That message was said even during the campaign period, when Duterte said he
would pardon policemen convicted of killing criminals and civilians while
performing their duties.

In August, the President acknowledged that some of those killed in the war on
drugs were victims of extrajudicial killings.

He then echoed the police's defense, insisting that those killed in police
operations all fought back.

In September, however, Duterte's message took on a different tone. In contrast

to his earlier pronouncement that only those who resist arrest should be killed,
this time, Duterte told soldiers that criminals should be killed whether or not they
fight back.

"Pagka bumunot, patayin mo. 'Pag hindi bumunot, patayin mo rin, putang ina,
para matapos na. Eh kaysa mawala pa 'yung baril. Ako na ang bahala sa inyo,"
he said.

(If they pull out a gun, kill them. If they don't, kill them still, son of a whore, so it's
over, lest you lose the gun. I'll take care of you.)

But it's unclear whether the President meant it, because he would later flip-flop
on his own statement by saying he would never order the military to commit
illegal acts.

"Hindi ako mag-order ng illegal. 'Wag kayong maniwala diyan. (I won't order
anything illegal. Don't believe that.) I did not order you and the police to perform
punitive police action. I have declared war against the drug syndicates in this
country. You know what is war. War is war," he said.

Asked about the President's conflicting messages, Abella said Duterte's remarks
are "layered."

13
But this shoot-to-kill order has been slammed by critics, including Senator Leila
de Lima. De Lima, a former justice secretary and former chairperson of the
Commission on Human Rights, said that such an order should only be a last
resort of law enforcers.

Senator Panfilo Lacson also agreed with De Lima, saying that shoot-on-sight or
shoot-to-kill orders not used for self-defense would be murder.

Killings 'not a gov't policy'

In the face of mounting criticism over the death toll in the war on drugs,
Malacañang has defended itself by saying that extrajudicial killings are not a
policy of the Duterte government.

"Notwithstanding the accusations hurled against him, no formal charge of human

rights violations has been filed. Alleged EJKs (extrajudicial killings) are not the
policy of his administration," Presidential Spokesman Ernesto Abella said last
month.

Abella also told the United Nations that Duterte, as a lawyer and former
prosecutor, "knows the limits of the power and authority of the presidency."
Various groups, such as Human Rights Watch (HRW), pointed out however that
Duterte's statements constitute an "implicit" support of killings in violation of the
rule of law.

"Duterte implicitly voiced support for such unlawful brutality by stating that police
can rightly put illegal drug suspects 'below the ground' if necessary," HRW's
Phelim Kine said.

He added, "President Duterte must publicly recognize that respect for rule of law
and fulfilling the human rights of Filipinos extends to all Filipinos, including
criminal suspects and those implicated in the drug trade."

Should the President's statements be interpreted as a tacit approval of drug-

related killings? In his public statements, Duterte is careful to add that killing
should be done only if necessary. But with 2,294 victims of extrajudicial killings
as of latest figures – and with investigations into these deaths still pending –
these drug-related killings remain a cause for concern for the Philippine
government.

SOURCE:
https://www.rappler.com/newsbreak/iq/148295-philippines-president-rodrigo-
duterte-statements-shoot-to-kill-drug-war

14
 ANNEX I

Philippines: Duterte Threatens Human Rights Community

Call for Police to Shoot Activists ‘Reprehensible’

Philippine President Rodrigo Duterte’s call for police to shoot human rights
activists who are “obstructing justice” places all members of the country’s human
rights community in grave danger, Human Rights Watch said today. On August
16, 2017, Duterte instructed Philippine National Police personnel to “shoot those
who are part of [drug activity]. If they [members of human rights organizations]
are obstructing justice, you shoot them.”

Duterte should immediately withdraw his statement or be investigated for

possibly instigating or inciting violence against Philippine human rights
advocates.

“President Duterte’s threats against human rights activists is like painting a target
on the backs of courageous people working to protect the rights and upholding
the dignity of all Filipinos,” said Phelim Kine, deputy Asia director. “Duterte
should retract his reprehensible remarks immediately before there is more blood
on his hands.”

Duterte’s threat was part of a longer harangueagainst what he described as an

unfair criticism of his abusive “war on drugs,” which has killed at least 7,000
Filipinos since he took office in June 2016. Duterte alleged that human rights
organizations criticized his drug war while protecting alleged criminals. “When it
comes to criminals, [human rights organizations] will proclaim, 'human rights
violations' [to protect them]," Duterte said.

Duterte also warned that human rights organizations may face criminal
investigations for criticizing his anti-drug campaign. “One of these days, you
human rights groups, I will also investigate you. That's the truth. For conspiracy,”
Duterte said.

Duterte previously threatened to kill human rights defenders in December 2016,

allegedly for fostering drug use in the country. He followed up that threat a month
later by warning that he would extend his anti-drug campaign to the lawyers of
alleged drug users and dealers. His call on police to consider human rights
advocates legitimate drug-war targets is a sinister escalation in his rhetoric,
Human Rights Watch said.

Duterte has also publicly denounced the national Commission on Human Rights
(CHR). During a news conference following his State of the Nation Address on
July 24, 2017, Duterte threatened to block any CHR investigations of alleged
abuses by Philippine security forces and stated that the commission would be
“better abolished.” Duterte publicly backtracked on his threat on August 2 by
insisting it had been a “joke.”

The commission’s chairman, Chito Gascon, has earned Duterte’s enmity by

publicly criticizing the scale of the “drug war” killings as “unprecedented” and
declaring that the death toll had overwhelmed the commission’s capacity to
adequately investigate them. Gascon has also warned that a government failure
to stop the killings might prompt an investigation by the International Criminal
Court, of which the Philippines is a member.

15
Human Rights Watch field research found that government claims that the
deaths of suspected drug users and dealers were lawful but were blatant
falsehoods. The research painted a chilling portrait of mostly impoverished urban
slum dwellers being gunned down in state-sanctioned “death squad” operations
that ignore rule-of-law protections. Interviews with witnesses and victims’
relatives and analysis of police records exposed a pattern of unlawful police
conduct designed to paint a veneer of legality over extrajudicial executions that
may amount to crimes against humanity. The investigations revealed that police
routinely execute drug suspects and then cover up their crimes by planting drugs
and guns at the scene.

Efforts to seek accountability for drug-war deaths have gone nowhere, Human
Rights Watch said. The Philippine National Police director-general, Ronald dela
Rosa, has rejected calls for a thorough and impartial investigation of the killings
as “legal harassment” and said it “dampens the morale” of police officers. Duterte
and some of his key ministers have praised the killings as proof of the “success”
of the anti-drug campaign.

Duterte and Justice Secretary Vitaliano Aguirre III have sought to justify their total
disregard for the rule of law and due legal process for “drug personalities” by
questioning the humanity of suspected drug users and drug dealers. Duterte’s
instigation of unlawful police violence and the incitement of vigilante killings may
amount to crimes against humanity, in violation of international law.

“Duterte is on notice that his death threats against human rights advocates could
pave the way for prosecution for crimes against humanity,” Kine said. “Duterte’s
assault on accountability highlights the urgent need for a UN-led international
investigation into his drug-war slaughter.”

SOURCE:
https://www.hrw.org/news/2017/08/17/philippines-duterte-threatens-human-
rights-community

16
 ANNEX J

Human rights group slams Philippines president Duterte's threat

to kill them

‘If they are obstructing justice, you shoot them,’ Rodrigo Duterte tells
police officers of activists opposed to his drugs war

Human Rights Watch has denounced a call by Philippine president Rodrigo

Duterte for police to shoot rights activists who get in the way of his bloody drug
war.

Duterte should immediately withdraw his statement or be investigated for

possibly instigating or inciting violence against Philippine rights advocates, the
New York-based advocacy group said.

The body’s deputy Asia director, Phelim Kine, said the threat “is like painting a
target on the backs of courageous people working to protect the rights and
upholding the dignity of all Filipinos”.

Duterte “should retract his reprehensible remarks immediately before there is

more blood on his hands”, he added.

Speaking following the bloodiest night of his one-year tenure in high office,
Duterte said he would investigate human rights defenders criticising him, or order
officers to kill them.

“One of these days, you human rights groups, I will also investigate you. That’s
the truth. For conspiracy,” Duterte said.

“If they are obstructing justice, you shoot them,” he said. “So they can really see
the kind of human rights.”

Police in the Philippines killed 32 people in a series of raids near Manila on

Monday night, part of an operation authorities said was aimed to “shock and
awe” drug dealers.

Duterte later said he approved of the “massive raid” and called for more
bloodshed: “Let’s kill another 32 every day. Maybe we can reduce what ails this
country.”

The former prosecutor, who has repeatedly assured police he will pardon them
for crimes, previously threatened to kill human rights defenders in December
2016.

Nicknamed “the Punisher” for his lethal approach to policing, Duterte has
also threatened to block an investigation by the national commission on human
rights into alleged abuses by Philippine security forces, although he later said his
threat was a “joke”.

Political opponents of Duterte have attempted to bring him to the international

criminal court (ICC) in the Netherlands, accusing the president of crimes against
humanity.

His call on Wednesday for police to consider human rights advocates legitimate
drug war targets is a sinister escalation in his rhetoric, Human Rights Watch said.

17
“Duterte is on notice that his death threats against human rights advocates could
pave the way for prosecution for crimes against humanity,” Kine said. “Duterte’s
assault on accountability highlights the urgent need for a UN-led international
investigation into his drug-war slaughter.”

Since the former mayor of Davao city became president last July, government
figures show police have killed close to 3,500 “drug personalities”. More than
2,000 other people have been killed in drug-related crimes and thousands more
murdered in unexplained circumstances, according to police data.

SOURCE:
https://www.theguardian.com/world/2017/aug/17/human-rights-watch-philippines-
president-duterte-threat

18
 VERIFICATION

I, KAISER ONG-SIONG QUERUBIN, of legal age, after having been

duly sworn in accordance with law, depose and state that:

1. I am a plaintiff in the above-stated case;

2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis of
copies of documents and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any
other tribunal or agency;
5. To the best of my knowledge and belief, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
6. If I should thereafter learn that a similar action or proceeding has
been filed or is pending before the Supreme Court, the Court of
Appeals, or any other tribunal or agency, I undertake to report that
fact within five (5) days therefrom to this Honorable Court.

___________________________
Kaiser O. Querubin
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

__________ 200_ at _________________ affiant exhibiting to me his
Community Tax Certificate No.____________________ issued on
________________ 200_ at ______________ City.

Doc. No. ;
Page No. ;
Book No. ;
Series of 200_.

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