LYCEUM OF THE PHILIPPINES UNIVERSITY – CAVITE

A STUDY OF HUMAN RIGHTS IMPLICATIONS

ON EXTRAJUDICIAL KILLINGS IN THE PHILIPPINES

in partial fulfillment

Submitted by:

Camille B. Auditor (FS302)

Submitted to:

Sir. Jumel Estrañero

IPEN11F

Camille B. Auditor March 1, 2018

AB Foreign Service 302 Sir Jumel Estrañero

I. INTRODUCTION

The Article XIII Section 2 on the 1987 Philippine Constitution: “The Promotion of
Social Justice shall include the commitment to create economic opportunities based on freedom
of Initiative and self-reliance. The indication refers to norms and principles that depicts human
behavior that are regularly protected under Philippine Law. Hence, Extra Judicial Killing
(Extrajudicial Execution) refers to killing of persons either involved and uninvolved in a crime
without judicial proceeding or any process. Extrajudicial Killing basically started at the very
beginning of civilization. It can be seen at the biblical passage of cain and abel too. Extrajudicial
Killing and forced disappearances in the Philippines are illegally liquidations, unlawful or
felonies killings and forced disappearances in the Philippines; these are forms of extrajudicial
punishment and also includes extrajudicial execution, summary execution, arbitrary arrest and
detentions. The Philippines had it share of extrajudicial atrocities and related political violence as
well. Since President Rodrigo Duterte took office in June 2016, there has been a campaign about
alleged users. And based on the documentations and news reports show that many drug-related
killings are extrajudicial executions that are directly imfolicate the police. And also explains
about “War on Drugs”. This paper intends to seek answers on how Human Rights will be
connected about Extra Judicial killing in the Phillipines, how people will have a foothold in the
government after having been acused by using drugs or any related issues that can lead them in
Extrajudicial Killing without due process of law. Besides, this general description, there exist
other predominant definitions of the term that differ in that they claim extrajudicial killings to be
politically motivated acts. Politically motivated extrajudicial killings usually have in common
that they are intended and well-organized murders that give the victim to no chance to defend
itself and that perpetrator remains unidentified. In the Philippines, a large amount of killings
have been conducted at the victims’ home or at work. It is important to note that extrajudicial
killings are not a problem that can only be found in certain regions or only in low-income
countries. For several years, Philippines has faced significant criticism from the international
community, human rights groups and local civil society for deaths of political activists,
journalists and others that are the apparent work of elements of the military and the national
police. Although the government has publicly denounced such killings, elements of the
governent have also repeatedly argued that extrajudicial killings should also comprise killings by
non-state actors- specifically those by rebel groups.

1Rainbow Avalanche. Accessed March 24, 2018 https://www.scribd.com/document/242700597/Article-XIII-Social-Justice-and-Human-Rights-

pdf

2 Accessed March 24, 2018 https://www.hrw.org/world-report/2017/country-chapters/philippines

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II. A. STATEMENT OF THE PROBLEM

Is Extrajudicial Killings justifiable?

What is the cause and effect of Extrajudicial Killing?

 What is the Standpoint on extra judicial killing in the Philippines?

Is Extrajudicial Killing has a big help in Government to lessen those drug users?

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B. METHODOLOGY

This “Human Rights Implication on Extrajudicial Killing” covers the abstract,

methodology, review of related literature, presentations and summary of the study about Human
rights connected to Extrajudicial Killing in the Philippines. This research will give you insight
into the topic in legal and social sciences relevant for writing a thesis in the field of human
rights. It will discuss here the issue of human rights implications about the big problem now, the
Extra Judicial killing.

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 III. REVIEW OF RELATED LITERATURE

1
The term ‘extrajudicial killing’ in its original meaning refers to homicides that are
committed outside the legal system with no prior judgement of a court. In this sense, the term
comprises a large amount of violent acts with different motives, victims and perpetrators. For
instance, differ in that they claim extrajudicial killings to be politically motivated acts.
2
According to this research, the state has to be involved in or at least tacitly accept the
commission of the killings. This type of definition is also used by the Philippine Government.
When defining extrajudicial killing in that way, they are almost synonymous to the term
“political killings” except for the fact that political killings can be committed with or without
state involvement whereas the term extrajudicial killings implies some degrees of state
involvement at all times. 3Between 2001 and 2010, there have been a total of 305 incidents of
extrajudicial killings with 390 victims in the Philippines. During this period of time, only 1% of
all extrajudicial killings resulted in a conviction. Paris-Geneva, September 8,2017- Authorities in
the Philippines must ensure greater protection of human rights defenders amid a recent surge of
killings and attacks against them, the Observatory for the Protection of Human Rights Defenders
(FIDH-OMCT) an example of extrajudicial killing. “President Duterte’s Government, like any
other Philippine Government, has a legal obligaztion to protect human rights and human rights
defenders.His discourse that literally encourages violence against defended- the very people who
stand up for Human Rights, social justice and an inclusive society – must stop” . 4As far as I
know, total of 3,257 extrajudicial killings (EJKs) were committed during the Marcos dictorship.
In contrast, there were 805 drug-related facilities from May 10 to Aug.12, per the Inquirer count.
June 2016, more than 7,00 people have been killed, roughly one-third during formal police
operations and the rest by the unknown shooters. Over 300 NGOs call on the United Nations to
make immediate action on the hundreds of extrajudicial killings of suspected drug offenders in
the Philippines.

5
In our May 2014 report “One Shot to the Head: Death Squad Killings in Tagum City,
Philippines” we detailed the involvement of local government officials and police officers with a
“death squad” responsible for the extrajudicial killings of alleged drug dealers, petty criminals,
street children, and others over the past decade. This death squad also committed guns-for-hire
operations, targeting a journalist, a judge, and a tribal leader as well as local politicians and
businessmen. Particularly disturbing is the failure of the Philippine government to seriously
investigate the death squad and bring those responsible to justice.

The Philippine government recently has been under intense local and international criticisms for
the unabated extrajudicial killings of mostly activists and journalists since Gloria Macapagal-
Arroyo ascended to power in 2001. On its 1983 report about Political Killings by Governments,
Amnesty International (AI), an international organization that works for the protection of human
rights, defines extrajudicial killings as those killings “committed outside the judicial process and
in violation of national laws and international standards forbidding the arbitrary deprivation of
life”

1
08/09/2017 https://www.fidh.org/en/issues/human-rights-defenders/philippines-extrajudicial-killings-and-attacks-against-human-rights .

Accessed March 24, 2018

2
August 4, 2016

https://l.facebook.com/l.php?u=http%3A%2F%2Fwww.bantayog.org%2Ftag%2Fejk%2F&h=ATPuBs66ouLTaHKCQPIbfjEFFiFIOVd_WW9MI88OZ

0pglI5vO-KbF-jRFqKHYjBW19mUA21gO29iipkzByM1XoBb8DBSltAHGZLMmfe8S59SpFQfKEPnJg . Accessed March 24, 2018

3
Joel Ruiz Butuyan- @inquirerdotnet12:09 AM August 15, 2016 http://opinion.inquirer.net/96518/extrajudicial-killings-crime-

humanity#ixzz5Ae2VtHDn . Accessed March 24, 2018

4
Joel Ruiz Butuyan- @inquirerdotnet Philippine Daily Inquirer / 12:09 AM August 15, 2016

http://opinion.inquirer.net/96518/extrajudicial-killings-crime-humanity#ixzz5AfadiezM

5
June 16, 2014 . Accessed March 24,2018 https://www.hrw.org/news/2014/06/16/statement-extrajudicial-killings-philippines

6 Menandro Abanes (Author) 2008 . https://www.grin.com/document/173161i

IV A. STATISTICAL PRESENTATION

A) HUMAN RIGHTS IMPLICATION ON EXTRA JUDICIAL KILLINGS IN THE

PHILIPPINES

No. of Incidents/Victims per Region

80

70

60

50

40
305
30
390
20

10

No. Of Incidents

No. Of Victims

Extra judicial Killings now in the Philippines are so rampant and still unsolved because
of some other issues of our Government that doesn’t need a focus. Based on my research,
there are a total of 305 incidents of extrajudicial killings in the country and 390 victims
from 2001-2010.
 The real number of Extrajudicial Killings in the Philippines escapes exact determination.
We all know that Philippines considered a friendly country, it is clear that we have a
human rights disaster in our midst.

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V. CONCLUSION

Every man remains innocent until proven guilty is a universally accepted legal term. The
purpose of the judicial administration is to provide justice in each and every case that appears
before the court. Therefore, no one should be killed by any reason without defending himself.
However, we all know that it’s harsh but true that extrajudicial killing is an undeniable fact
which is happening around the world under various eye-catching covers given by the concerned
authority of the state. In order to attain much better peaceful place, killings must be stopped. It
must need to undergo Due Process of law. It doesn't resolve the problem's root which why we
should set that kind of way in diminishing numbers of drug users. We're taught of not to kill but
to help, remember that. To resolve drug issues, we must implant to the people that using drugs
are pointless, illegal and bad. And extrajudicial killing is against the law because the accused,
who is presumed innocent by the law unless proven guilty by a competent court, was not given a
fair trial to defend himself with a lawyer of his own. Only a court can convict an accused, not the
police who is on the side of the prosecution. Our country needs control and a discipline leader in
order to handle the issues of the country. We all know that Killing is against the law and most-
specially against the law of God. “Thou shall not Kill” even the drug lord. States undertaking
targeted killings and extrajudicial, arbitrary or summary executions should hold accountable
under international law and they must justify the basis of their actions. Before taking any action
towards suspects or criminals they should respect their rights and take measures to eliminate the
use of force and seek ways to bring them under fair trial rather the ultimate thought of killing.
Executions by governmental authorities without the proper judicial proceedings are unlawful and
constitute a violation of international humanitarian law, as well as numerous human rights
principles. To stop the extrajudicial killings in the Philippines the international Organizations
and States should take collective measure respecting the rights of the innocent civilians, suspects
or even the criminals. Niccolo Machiavelli once emphasized in his book, The Prince, the
infamous dictator's code that "the end justifies the means." And that exactly is what is coming to
fruition with the current War on Drugs or Oplan Tokhang being implemented by the Duterte
administration--allegedly committing extrajudicial killings (EJKs). To summarize, these alleged
extrajudicial killings of people who are suspectedly involved in illegal drug dealings is under the
premise that the Philippines will soon be drug-free if they rid the country of those committing it;
guilty or not. Now, are these EJKs justifiable by that premise? For the President's eyes, it can be.
But for the eyes of those who are concerned of human rights and the value of human life, this
EJKs are beyond alarming, and should not be tolerated. These people, guilty or not, are being
withhold of their right to due process of law. They are being judged and killed for a very flimsy
evidence or reason, making them suspects--and worst, criminals. Moreover, the current
administration, with its incorrigible desire to battle the crime of illegal drugs in the Philippines--
no matter how noble that sounds--still put the lives of these suspected criminals into their hands,
thus taking away their right to live. This disrespect to human rights is very problematic and
should be taken and questioned critically. The current administration is dealing with the problem
of illegal drugs in a shortcut way that is doomed to be an abuse of power and authority--bringing
justice into their own hands. While it is understandable that governing the country and making
sure it is safe is one of the duty of the government, it is also important to remember that
safeguarding the life and the human rights of its citizens are among the most important duties of
the government. People should never forget that more than exercise of power, the one sitting in
position should also exercise respect and righteousness.

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