Presidential chief legal counsel Salvador Panelo. VINCE F. NONATO/INQUIRER
President Rodrigo Duterte cannot be impeached by simply declaring that he will not allow police officials involved in the killing of former Albuera town mayor Rolando Espinosa Sr. to go to jail, the Chief Presidential Legal Counsel has said.
Salvador Panelo was reacting to Sen. Leila de Lima, who said Duterte was 鈥渂ordering (on) impeachability鈥� for聽committing 鈥渂etrayal of public trust.鈥�
鈥淥f course not. Why should it be an impeachable offense? Is it even an offense?鈥� Panelo told reporters in an ambush interview in Malaca帽ang on Wednesday night.
In a speech聽on Wednesday, Duterte backed policemen involved in the Espinosa slay, saying he won鈥檛 allow them to be imprisoned despite the findings of the National Bureau of Investigation (NBI) that Espinosa was murdered.
鈥淚 will not allow these guys to go to prison. I don鈥檛 care if the NBI says it鈥檚 murder. Anyway, the NBI and the Department of Justice (DOJ) are both under [my authority],鈥� he said.
Panelo backed Duterte鈥檚 statement, saying it is the court who would decide if the policemen were guilty or not.
鈥淚t doesn鈥檛 mean NBI is correct because the courts have to decide whether they are correct or not. The presumption of innocence applies to all criminals in this case. Moreover, the assumption of regularity has yet to be overcome,鈥� he said.
He said 鈥渢he duty of the President is to protect the members of the PNP who are enforcing the law (upon) his instructions.鈥�
But Panelo assured the President would not interfere with the NBI investigation.
鈥淭he NBI results show that the NBI does not interfere with any government agency doing their work, e 鈥榙i sana iba ang resulta,鈥� he said.
Panelo said Duterte would respect the court鈥檚 decision but said the President was only applying presumption of innocence.
鈥淥f course, he鈥檚 a lawyer. A lawyer will always consider what the courts will say. Meanwhile, the constitutional presumption of innocence applies,鈥� he said.
The legal counsel said Duterte was not protecting police forces linked to the illegal drugs trade.
鈥淗e鈥檚 precisely pursuing a drive against illegal drug activities; that includes policemen in illegal drug activities.聽 What he is doing is protecting those following his instructions,鈥� he said. JE/rga