Bakit Hindi Nakakasuhan si Former President Rodrigo Duterte kahit na Sinasabi na he took Legal Respo

1. The Principle of "Guilt is Personal"
Former President Rodrigo Roa Duterte consistently stated during his term that he alone would take full legal responsibility for the outcomes of his administration's war on drugs. However, under the principle of "guilt is personal," accountability is assigned to the individual who commits an unlawful act. Duterte's orders to law enforcement focused on capturing suspects, not harming innocents or violating human rights. He emphasized self-defense in situations where police or military personnel's lives were at risk. This principle, enshrined in the Philippine justice system, underscores that those who violate the law-such as police officers who commit extrajudicial killings-are personally accountable for their actions.
2. Lack of Direct Orders to Kill Innocents
A critical reason why Duterte has not faced charges for the deaths of innocents during the anti-drug campaign is the absence of evidence linking him to direct orders for such actions. His directive to law enforcement agencies was clear: apprehend suspects and ensure safety, but defend themselves if threatened. Any deviation from this order, such as the killing of innocents or unarmed civilians, falls squarely on the shoulders of the individuals who committed the acts. This defense, coupled with the principle of justifying circumstances under the Revised Penal Code, protected Duterte from being held liable for actions carried out beyond his explicit directives.
3. Legal Accountability of Law Enforcement Officers
The tragic case of Kian Delos Santos, a 17-year-old who was killed during an anti-drug operation, highlights the distinction between systemic policies and individual accountability. Kian's death, later determined to be an extrajudicial killing, led to the conviction and life imprisonment (reclusion perpetua) of the police officers responsible. This case reinforces the notion that while Duterte’s policies were controversial, individuals who misused their authority and broke the law faced the consequences. Duterte’s administration, though criticized for enabling a culture of impunity, has not been legally tied to specific incidents of abuse due to this separation of responsibilities.
4. Duterte’s Invocation of Justifying Circumstances
Under Philippine law, justifying circumstances allow for acts that would otherwise be criminal if done in self-defense or under immediate threat. Duterte repeatedly underscored this principle in his public statements, instructing law enforcement to prioritize capturing suspects but to protect their lives when faced with danger. This legal argument has been a cornerstone of his defense against accusations that his war on drugs sanctioned unlawful killings. Without concrete evidence of intent or directives to harm innocents, Duterte's liability remains indirect and difficult to establish in a court of law.
5. Judicial Oversight and Investigations
The Philippine judiciary has shown its capacity to hold individuals accountable for abuses during Duterte's term, as demonstrated in cases like Kian Delos Santos. International and local organizations have scrutinized Duterte’s policies, yet domestic investigations have not resulted in direct legal actions against him. This is partly due to the lack of documented evidence tying him personally to extrajudicial acts. Furthermore, Duterte’s immunity during his term as president shielded him from prosecution. Now a private citizen, he remains uncharged because the principle of personal accountability continues to exonerate him from the unlawful actions of others, provided no concrete evidence directly implicates him.
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