Quadcomm deconstructed

Former President Rodrigo Duterte single-handedly pierced the veneer of integrity of the House Quad Committee inquisition panel.

From a legal standpoint, Duterte, a lawyer and former prosecutor, demolished all those who sought to pin him down regarding the worn-out allegations on the methods used in the war on drugs during his term.

As a coup de grâce, the panel made of a mix of non-lawyers tried to pit destabilizer Antonio Trillanes IV against Duterte, with the former senator trying to revive discredited 2016 bank records purportedly revealing the hidden wealth of the Duterte family.

The much-sought trial lawyer Ferdinand Topacio, a member of the DAILY TRIBUNE family as a columnist, said all those who were ranged against Duterte at the Quadcomm hearing were exposed as either novices or incompetents.

“When it comes to legislative inquiries, they (members of Quadcomm) clearly overstepped the bounds of reason and they engaged in sheer oppression in so many instances,” according to Topacio.

The legal eagle, who handles some of the most controversial cases, said the manner of the House public hearings is in contravention of the decisions of the Supreme Court, which state that legislative inquiries are not investigative proceedings. “They cannot take the place of the police, the prosecution, or the courts,” he stressed.

In Duterte’s engagement with Makabayan Partylist Rep. France Castro, who was fishing for an admission from the former president, Topacio said her line of questioning was improper since legislative inquiries are not intended to supplant investigations by law enforcers or a pronouncement of guilt or innocence by the courts.

“What the legislature should secure from witnesses or resource persons appearing in the hearings is information for them to intelligently formulate pieces of legislation,” he said.

Topacio revealed that thus far only a bill on extrajudicial killings by Laguna Rep. Dan Fernandez has been filed amid the drawn-out proceedings, and the measure, he said, is superfluous.

“There is already a law against murder,” he emphasized.

Confronted with questions by 1-Rider Partylist Rep. Ramon Rodrigo Gutierrez, Duterte was right to lecture the young lawyer on the proper presentation of evidence, Topacio said.

Presenting statements from an affidavit that Duterte had not seen is unfair not only during a legislative inquiry but in any proceeding because of the principle of due process, Topacio averred.

“Therein lies the difference between trial veterans who spend their lives appearing before the courts and lawyers who have not seen the inside of a courtroom,” Topacio said.

On the clash between Duterte and Batangas Rep. Beatrix Luistro, who is a lawyer, Topacio said the legislator is the kind of person “who, if you’re not very smart, you think that she’s smart.”

Regarding her questioning on the supposed admission of Mr. Duterte where she claimed that statements made in a legislative proceeding were tantamount to an extrajudicial confession, Topacio said Luistro was completely off track since “one essential factor was missing that all trial lawyers know, which is that such a confession to be effective must be made within the context of a custodial investigation.”

Topacio said Duterte was right in refusing Alliance of Concerned Teachers Rep. Arlene Brosas’s demand that he reply with only a yes or a no, citing a provision in the Constitution requiring Congress to treat Duterte with respect as a resource person.

“Brosas appeared to be laboring under the misimpression that a legislative investigation is an investigation in stricti juris, or in the strictest sense of the word, which it is not since it is an investigation in aid of legislation,” Topacio pointed out.

In sum, Topacio’s analysis equates to telling the publicity hounds leading the Quadcomm that they should do their homework and not pit Duterte against those who have little knowledge of the law and legalities since they face being waylaid in an instant.