Duterte takes 'full legal responsibility' for war on drugs, faces off against De Lima in Senate hearing

Still, the former leader said he won't apologize for the drug war as he did it to supposedly protect Filipinos and address the problem “firmly and without compromise.”

“Do not question my policies because I offer no apologies, no excuses," he said. "I did what I had to do. Whether you believe it or not, I did for my country."

Despite the casualties, Duterte said the drug war was "not about killing people" but about the eradication of illegal substances like shabu, cocaine, heroin, marijuana, and party drugs.

“It is about protecting the innocent and the defenseless," he added.

He noted that he viewed drug addicts as victims and as patients who need medical help, not criminals.

“No mistake about it, I hate drugs. I loathe the purveyors, the merchants, and the pushers of this demonizing element," he said, adding that this has always been his stance even during his presidential campaign.

Though he has told uniformed men to not abuse their authority, even when he was Davao City mayor, Duterte said it's their responsibility to "overcome the resistance" if criminals wouldn't surrender.

“Kung may baril, at kung sa tingin mo ay mamamatay ka, barilin mo. Barilin mo sa ulo. Patayin mo. At least one less criminal in the community,” Duterte said.

'We cannot destroy lives'

De Lima, in her opening statement, responded to Duterte, saying that while there's a need to destroy drugs, "we cannot destroy lives."

"We can destroy drugs but we need not destroy lives. I just wish to emphasize that," she said, citing her privilege speech in August 2016 when she filed a Senate resolution calling for an inquiry into the drug war.

The former senator pointed out that Duterte "for so long has evaded justice and accountability for the thousands of those killed in the name of the so-called war on drugs."

"Hindi pa ho natin siya napapanagot after all these years," she added.

De Lima also cited the Quad Committee hearings, where retired police officer Royina Garma said the "Davao template" was used in the war on drugs. The template had an alleged reward and incentive system for cops who'd kill suspects.

She recalled telling reporters ahead of the hearing that she had "mixed feelings" over meeting Duterte.

"Sana nga noon pa, di na natin hinintay 'yung libo-libong pinatay," she said. "Pero nagagalak naman ako that I think we have a right environment now. Sana po marami pa ang lumantad para magsabi pa ng kung ano pa ang tunay na layunin ng Project Double Barrel," referring to the anti-drug campaign.

De Lima noted that her committee investigated the project during her time, but was ousted as its chairperson after presenting Edgar Matobato, a self-confessed hitman of the Davao Death Squad or DDS, an alleged vigilante group allegedly led by Duterte that summarily executed suspected criminals.

"Pero ang talagang magiging kulang nung investigation na 'yun," she said, "'yung mga insider na makakapagpatunay sa atin na 'yung Project Double Barrel is the very program that was used in eliminating and in killing drug suspects."

"Malinaw sa mga naging pronouncements ng dating mayor, ng dating pangulo, na 'yan ang pinakapolisiya niya in addressing the drug problem," she said, adding she has a collection of Duterte's past statement that "categorically show, very clearly, manifestly that he was inducing, encouraging the killings."

"And it cannot just be purely rhetoric kasi sinunod 'yung mga binanggit niya," De Lima said.

De Lima also pointed out the "acts of persecution" she experienced under the hands of Duterte, including his cussing and humiliation of her on almost a daily basis.

"At hindi pa sila nakuntento doon, nagfile sila ng mga gawa-gawang mga kaso para subukan ako na mapatahimik," she said. "Hindi sila nagtagumpay doon."

As then-commissioner of the Commission on Human Rights in 2009, De Lima launched an investigation into the "death squad" killings allegedly orchestrated by Duterte during his time as Davao City mayor and in the early days of his presidency.

After winning a Senate seat in the 2016 elections that also swept populist Duterte to power, De Lima became one of the few opposition voices.

Duterte then accused her of running a drug trafficking ring with criminals when she was justice secretary, forcing her from the Senate and into a jail cell.

The former senator lost her bid for re-election in May 2022 after campaigning from behind bars.

Throughout the legal proceedings, De Lima has insisted the charges against her had been trumped up in retaliation for going after Duterte and his drug war.

Last June, she was cleared of all the drug charges against her.

'Ayoko ng bastos' 

Throughout the hearing, Duterte got into several heated exchanges with Sen. Risa Hontiveros.

In one of these, the former president was questioned if he would take responsibility for the deaths of Kian delos Santos and Karl Anthony Nuñez. Duterte said he did not.

"Alam mo, ma'am, before you ramble on those many things," Duterte said, to which Hontiversos interjected with "No, no, no, I'm not rambling, Mr. Chair. Very specific 'yung mga tanong ko."

"Specific ang law, guilt is personal," the former president said with emphasis. "Magtanong ka muna ng abogado."

Duterte then continued to talk over Hontiveros as she began to ask her questions about the drug war victims.

"I was talking about the policy. I take full responsibility yung sinabi ko na war on drugs. Pero kung magpasok ka ng specific crime, 'di pwede 'yan. 'Pag sabihin ko I will take full responsibility, pagdating natin sa korte, hindi natin tatanggapin yan," he said, raising his voice at the end.

Earlier in the hearing, Duterte apologized to Hontiveros amid their tense exchanges.

"I would like to express my apologies, especially to Sen. Hontiveros, kasi sensitive sa mga ganito. 'Yung character ko po ganoon talaga. Maski saan mo ako ilagay, ganun talaga ako... Bastos ako, walang hiya ako kasi galing ako sa baba,' he said.

"Hindi ako sensitive, ayoko lang talaga ng bastos, ayaw ko ng walang hiya lalo na pinag-uusapan natin ang seryosong bagay ng war on drugs at saka extrajudicial killings," she answered.

Laughter in the hearing

Hontiveros also called out Senate pro tempore Jinggoy Estrada after he appeared to make a joke about why Duterte wasn't looking at De Lima.

"Mr. President, kanina pa ho kayo tingin ng tingin sa'min. Lagi kayong tingin ng tingin sa kanan. Di ko hayo tumitingin sa kaliwa?" he said as audible soft laughter could be heard in the room. "Nagpapansinan na ho ba kayo ni Sen. De Lima?" Estrada asked with a smile.

"Wala akong makita dyan," Duterte responded, receiving laughter for his answer.

Hontiveros then interjected, "I beg the SP Pro Tempore to set the tone that this is not a laughing matter."

"I was not joking," Estrada responded. "Ma-lighten lang 'yung mood."

Oplan Tokhang

Upon assuming office in 2016, the Duterte administration launched its flagship bloody war on drugs called Oplan Tokhang, which saw the execution of thousands of suspected drug peddlers, users, and small-time criminals.

Based on the government's "Real Numbers" data, a total of 6,229 individuals were killed during anti-drug operations from July 1, 2016, to Jan. 31, 2022.

Rights groups, however, estimated that the number of deaths from the bloody anti-narcotics campaign reached as high as 27,000.

The killings soon caught the attention of the International Criminal Court (ICC), and ordered a probe into the war on drugs.

Malacañang said it has no jurisdiction over the Philippines, and Duterte threatened to withdraw the country’s membership from the ICC. (He ordered the withdrawal in 2018, which officially took effect the following year, or after the ICC launched a preliminary probe.)

Duterte has since maintained that he will not cooperate with any investigation, despite earlier pronouncements that he’s willing to face the consequences.

But the ICC was unfazed, even as the Supreme Court ruled that the government is still obliged to comply with the ICC investigation because the possible crimes happened while the Philippines was still a member-state.

Throughout time, the ICC moved to pursue its investigation, the non-cooperation even from Duterte’s successor Ferdinand “Bongbong” Marcos Jr. notwithstanding. (with reports from Ayie Licsi)