Duterte no longer a respondent in raps vs. Davao Death Squad

President Rodrigo Duterte has been dropped from the list of respondents in the criminal complaint filed by self-confessed hitman Edgar Matobato before the Office of the Ombudsman over the crimes committed by so-called Davao Death Squad (DDS), a source said on Thursday.

Matobato's counsel, Jude Sabio, confirmed that he received the same information that Duterte had been dropped from the complaints over the kidnapping and murder of religious group member Jun Bersabal in 1993, the murder of broadcaster Jun Pala in 2003, and the alleged torture of Matobato.

"Duterte was not included by Ombudsman in the criminal complaints for the Bersabal incident and Jun Pala incident," Sabio said in a text message.

"I presume it's because of his presidential immunity which I think does not apply because the criminal incidents [were done] while he was still [Davao City] mayor," he added.

In December last year, Matobato filed a complaint against Duterte, his son Davao City Vice Mayor Paolo Duterte, Philippine National Police chief Director General Ronald Dela Rosa and 25 others.

Matobato then charged Duterte with murder, kidnapping, violation of Republic Act No. 9745 or the Anti-Torture Act, and violations of R.A. No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

Aside from Duterte, Sabio said he has no information who among the other respondents were dropped in the case.

Start of preliminary probe

Ombudsman Conchita Carpio Morales did not comment on Duterte being dropped from  the list of respondents but confirmed on Thursday that the special panel of investigators tasked to look into the DDS' crimes have started its preliminary investigation.

"Now, I will confirm that it came to my knowledge that preliminary investigation has [been] set," Morales said on the sidelines of the Ramon Magsaysay Awards.

Morales, nonetheless, said she already inhibited herself from the case since it involves Duterte.

"I have inhibited myself in the case because one of those who were charged by Matobato was the president, so naturally I inhibited," she said.

Morales had earlier indicted that she will inhibit herself in any case involving the first family since her nephew, Atty. Manases Carpio, is the husband of Duterte's daughter, Davao City Mayor Sara Duterte-Carpio. — NB/BAP, GMA News