Justice Secretary Menardo Guevarra on Sunday denied allegations that President Duterte violated the constitutional rights to due process of the 46 elected officials named in his narco list.
Guevarra said the release of the list by the Duterte on Thursday was not a violation of the Bill of Rights in the 1987 Constitution, contrary to allegations by critics.
The officials tagged in the narco list would be given opportunities to debunk the allegations made against them by the Department of Interior and Local Government.
“The so-called narco list was made known after the DILG had filed administrative charges against the local government officials mentioned in the list. These officials therefore would have a forum where they could controvert the charges of gross misconduct, conduct unbecoming a public officer, conduct prejudicial to the service and other charges thrown against them,” Guevarra said.
The Justice secretary admitted that the fact-finding probe of the National Bureau of Investigation has yet to start.
“The DOJ is awaiting copies of the complaints so far lodged with the Ombudsman and the Anti-Money Laundering Council or copies of the intel reports of the PDEA (Philippine Drug Enforcement Agency) and PNP (Philippine National Police) before we commence a more thorough investigation of the criminal aspect,” he said.
“Should these charges go to preliminary investigation, we assure all respondents of a fair and impartial hearing,” he added.
During the preliminary investigation, the respondents would be given chance to debunk their alleged links to the illegal drug trade and submit counter-affidavits as well as evidence to support their defense.
The DOJ chief said the officials in the list still enjoy the presumption of innocence until proven guilty in court trial.
Guevarra added that President Duterte also cannot be held accountable for releasing the narco list to the public, saying he did not prejudge the allegations against the 46 officials.
“The publication of their names was made by the President in recognition of the right of the people to be informed of matters pertaining to national interest and public safety, without necessarily prejudging the guilt of the persons cited in the list,” he said.
Guevarra earlier announced that the NBI would be determining if any of the 46 could be charged criminally for illegal drugs.
The DILG has filed administrative charges of grave misconduct, conduct prejudicial to the best interest of the service, conduct unbecoming ofa public officer and gross neglect of duty against the 46 officials before the Ombudsman before the President’s announcement of the narco list.