CHR gives Duterte 5 days to reply on rape joke complaint  

Representatives of various women's groups hand over a complaint they filed against Mayor Rodrigo Duterte to Commission on Human Rights chairman Jose Luis 'Chito' Gascon.

The Commission on Human Rights (CHR) on Friday ordered Davao City Mayor Rodrigo Duterte to answer a complaint filed against him by women's groups last Wednesday in connection with a rape joke he allegedly cracked in a campaign rally in Quezon City.

“Today we signed a letter and should be sent by this afternoon to Mr. Duterte giving him a five-day period from receipt of the letter to submit his comment on the complaint,” CHR Chairman Jose Luis "Chito" Gascon told GMA News.

Gascon said the CHR, standing as gender and development ombudsman under the Magna Carta for Women, is not requiring Duterte to personally appear before the constitutional body.

“Basahin niya iyong complaint sa kanya ng mga grupo ng kababaihan, mag-reply siya. Ibig sabihin puwede niyang punto por punto sagutin yung mga reklamo roon,” Gascon said.

“Hindi man siya makapunta at makaharap sa kababaihan, harapin na lang niya iyong mga reklamo. Of course, choice niya iyon,” Gascon said.

Representatives of women's groups who signed the complaint on Wednesday include the Coalition Against Trafficking in Women-Asia Pacific, World March of Women Pilipinas, Lilak, Woman Health Philippines, Kasarian-Kalayaan, Sagip-Ilog Pilipinas Sentro ng Manggagawa ng Pilipinas, Labor Education and Research Network, and PILIPINA-Ang Kilusan ng Kababaihang Pilipino. 

Duterte, a pre-election survey front-runner, on Wednesday told the complainants to “go to hell” and added he “will not respond to the CHR complaints.” 

Gascon said the proceedings against Duterte before the CHR will go on even if the PDP-Laban standard-bearer fails to submit his reply within five days.

He added failure reply gives them a “waiver” of Duterte's right to reply.

“Due process does not actually require the respondent to reply. Due process only gives him or her, the respondent, the opportunity to do so. If they choose not to use that opportunity to reply, it is considered a waiver of the right to reply,” Gascon said.

“On that basis, puwede namin desisyunan ito based on the complaint and the facts that we know (like) the public statements he has made, and make a decision on gender-based violations of the Magna Carta for Women,” Gascon said.

The CHR Regional Office in Davao City said they have not received the resolution as of posting time.

No specific penalties

Gascon said the Magna Carta for Women provides no specific criminal penalties for Duterte and the commission itself has no power to prosecute.

Gascon said the most they can do is to provide recommendations to the Department of Interior and Local Government since Duterte is an elected public official.

“Kahit kami sa CHR wala rin kaming poder para ma-prosecute man siya o parusahan. Ang maari lang namin gawin ay magkaroon ng fact-finding, conclusions, at recommendations. Ang maaari lang namin gawin is magrekomenda sa DILG dahil siya ay mayor,” Gascon said.

Commissioner Karen-Gomez Dumpit was tasked to attend to the complaint. 

The CHR will also look into city ordinances where Duterte made the statement.

Duterte made the rape joke in a campaign sortie at the Amoranto Sports Complex in Quezon City.

'Burden of leadership'

Gascon noted that Duterte's remarks show his personality.

[Read: Video of Duterte's rape joke can help voters judge him, says CBCP head]

“All public officials when they assume office they take an oath to serve with honor and dignity, and to uphold the constitution and the law of the land,” Gascon said.

“That is something that is expected upon everyone, more so our public officials, they have the burden of leadership,” he said.

Gascon said whether or not Duterte will gain more or less votes for his rape joke will be incidental, and the CHR is only doing its job as an independent, non-partisan body tasked to protect and promote human rights. — APG, GMA News