
Chief Presidential Legal Counsel Juan Ponce Enrile underscored the fundamental principle of due process, asserting that every individual— including drug suspects— is entitled to legal protections.
“Under our system of social order, even criminals are entitled to due process,” Enrile wrote in a Facebook post following former President Rodrigo Duterte’s initial appearance before the International Criminal Court (ICC) on Friday.
Enrile raised concerns about whether the victims of Oplan Tokhang— the controversial anti-drug campaign— were granted their constitutional rights. Citing the Bill of Rights’ provisions on due process and the presumption of innocence, he questioned:
“Were they presumed innocent before they were summarily killed or executed with impunity?”
Oplan Tokhang involved police officers knocking on the doors of suspected drug users and urging them to surrender. However, the initiative faced widespread criticism over alleged human rights violations.
Emphasizing the rule of law, Enrile stated that no one, especially those in positions of power, should take the law into their own hands.
Meanwhile, the ICC has scheduled Duterte’s next hearing for September 23, which will determine whether charges of crimes against humanity will proceed to trial.
ICC assistant counsel Ma. Kristina Conti noted that Duterte has legal options while awaiting the proceedings, including seeking interim release.
“He can seek legal remedies, including interim release or temporary freedom,” Conti said at a news forum in Quezon City, adding that strict court guidelines ensure that accused individuals remain accountable to the legal process.