President Rodrigo Duterte delivers unconventional speeches. So unconventional, in fact, that some of his pronouncements are as good as admissions of crimes.
If he were not president, and did not enjoy immunity from suits, Duterte could be penalized for these crimes.
Wiretapping
In a Sept. 21 speech, Duterte talked about Iloilo City Mayor Jed Mabilog and former Ozamiz City Mayor Reynaldo Parojinog, whom he had both accused of involvement in the illegal drugs trade.
He told reporters he listened to “tapped” private communications of either Mabilog or Parojinog, who was earlier killed in a police raid.
Duterte said:
“I was listening to him. Don’t ask me how I, what kind of listening device. It was a whisper from God, I was listening to him. So they were all tapped.”
Source: Media interview in Marawi City, Sept. 21, 2017, watch from 46:53 to 47:10
While it is unclear who the president meant by “him,” or if he ordered the wiretapping himself, the mere possession of records of private communications is a violation of the anti-wiretapping law.
Wiretapping is legal only through a court order.
Offenders are jailed for not less than six months or more than six years. Public officials are disqualified from public office, if they committed the crime in service.
Challenging to a duel
On Sept. 8, Duterte urged soldiers to challenge Sen. Antonio Trillanes IV to a duel, and later said he would challenge the senator himself.
He said:
“‘Pag ganun, tindigan ninyo. Sabihin mo, “P****g i*a ka. Lumabas ka diyan. Draw tayo.” Hambugero. Talawan man na. Asus. Ako’y mu engkwentro ana (Stand up to him. Tell him, “You son of a b***h. Let’s draw guns.” He’s a blowhard and a coward. I’ll face him in an encounter myself).”
Source: Speech of President Rodrigo Roa Duterte during his Attendance to the 17th Araw ng Digos, September 8, 2017, watch from 16:32 to 16:46
Challenging to a duel, albeit an archaic crime, is punishable under the Revised Penal Code.
Anyone “who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry another publicly for having refused to accept a challenge to fight a duel” faces jail time of six months to two years and four months.
Owning an unlicensed gun
Also in the same Sept. 8 speech, Duterte said he owns an unlicensed gun:
“Bakit nga pala ako nakadala ng baril? Wa’y lisensya ni ha. Di ko man kinahangla’g lisensya mupatay’g tao. Nagadala gyud ko kay dili man ni para sa kontra. Naa man gani’y daghang security (How come I was able to bring a gun? This isn’t licensed. I don’t need a license to kill a person. I carry a gun not because of my enemies. I have good security detail).”
Source: Speech of President Rodrigo Roa Duterte during his Attendance to the 17th Araw ng Digos, September 8, 2017, watch from 16:47 to 17:10
The Comprehensive Firearms and Ammunition Regulation Act punishes the “unlawful acquisition, possession of firearms and ammunitions.”
Offenders face jail time of six years to permanent imprisonment, depending on the type of firearm and ammunition they illegally possess.
Murder or homicide
In his second State of the Nation Address on July 24, Duterte said he had killed someone:
“May pinatay ako, tama ‘yan (I have killed someone, that’s correct).”
Source: Second State of the Nation Address of President Rodrigo Roa Duterte, July 24, 2017, watch from 1:29:45 to 1:29:52
The Revised Penal Code penalizes homicide with jail time of 12 to 20 years, and murder, or premeditated killing, with permanent imprisonment.
Corruption
On June 28, Duterte said he engaged in corrupt practices:
“At tsaka kayo, I hate corruption. Hindi ako nagmamakalinis. Marami rin akong nanakaw pero naubos na. So wala na. P****g i*a, hindi ako nagmama — pero corruption is really out during my term (And to all of you, I hate corruption. I’ll come clean. I stole a lot but it’s all gone, nothing’s left. Son of a b***h — but corruption is really out during my term).”
Source: Speech of President Rodrigo Roa Duterte during the 140th Founding Anniversary of Philippine Chinese Charitable Association, Inc. (PCCAI), June 28, 2017, watch from 38:08 to 38:28
Several laws penalize graft and corruption.
The 1987 Constitution states that the president “may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.”
The Anti-Graft and Corrupt Practices Act penalizes offenders with jail time of six to 15 years and perpetual disqualification from public office.
The Revised Penal Code also punishes public officials found guilty of graft and corruption with eight years to permanent imprisonment. The same punishment is meted for those who commit bribery. Fines apply depending on the gravity of the offense.
Sources:
Section 28 of the Comprehensive Firearms and Ammunition Regulation Act of 2013
(1965). Republic Act No. 4200. In Cruz (Ed.), The Revised Penal Code with Related Laws, Fourth Edition (pp. 284-286). Quezon City: UP Law Complex.
(1930). Crimes Against Persons. In Cruz (Ed.), The Revised Penal Code with Related Laws, Fourth Edition (pp. 95-96). Quezon City: UP Law Complex.
(1930). Section Two. Bribery. In Cruz (Ed.), The Revised Penal Code with Related Laws, Fourth Edition (p. 84-85). Quezon City: UP Law Complex.
Section 2, Article XI of the 1987 Constitution
Sections 3 and 9 of the Anti-Graft and Corrupt Practices Act of 1960
Interview with lawyer Cristina Sevilla
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