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Palace: Ombudsman, CHR need not get Duterte's permission to probe cops, soldiers

Photo courtesy: Maj. Celeste Frank Sayson, of the AFP Deputy Chief of Staff for Operations © Provided by GMA News Online Photo courtesy: Maj. Celeste Frank Sayson, of the AFP Deputy Chief of Staff for Operations

Malacañang on Monday issued another clarification regarding President Rodrigo Duterte's statement — this time about his remark that the Office of the Ombudsman and the Commission on Human Rights should seek his permission first before investigating a police or military officer.

At a briefing, Senior Deputy Executive Secretary Menardo Guevarra said despite the President's statement, the Ombudsman and the CHR need not inform Duterte of their investigation on the police and military.

He also said Duterte was talking as commander-in-chief of the police and military and not as chief executive when he said he would not allow his men to be investigated by the two offices for supposed human rights violations. 

"Formally, that is a statement coming from the President as commander-in-chief. 'Out of courtesy, please let me know if you're going to investigate an officer whether of the PNP or the AFP because I am their commander-in-chief and I am ultimately responsible for their actions,'" he said.

Guevarra made the clarification after the CHR said it would investigate the police's predawn raid on the house of Ozamiz City Mayor Reynaldo Parajinog, whom Duterte linked to illegal drug operations.

The raid resulted in the death of Parojinog and 14 others, including his wife Susan and brother Octavio, a provincial board member.

Guevarra said as independent agencies with respective mandates, the Ombudsman and the CHR don't need to send a formal letter to the President regarding investigation on the death of Parojinog and the others.

"These and other agencies have their own mandates, have their own procedures. They are free to do what they want to do in accordance with their own mandates," he said.

Guevarra also said as a lawyer who once served as a prosecutor, Duterte "knows criminal law, criminal procedures very well, and he knows the limits of what he can do and what he can't."

Meanwhile, Guevarra said Malacañang is presuming "regularity" in the police raid on the Parojinog property, although it is open to an investigation should there be a complaint on irregularity.

"If there is anyone who will complain that something irregular happened, then an investigation will have to be done," he said. "For now, we presume regularity." —KBK, GMA News

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