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Last month, for example, a local celebrity took her criminal complaint to a senator rather than filing it with the local police. Actress and model Katrina Halili reportedly approached Senator Ramon Revilla, Jr. – a former actor – to investigate her former boyfriend and others she accused of posting on the Internet a sex video of her and them, which she claimed was recorded without her knowledge two years ago.
Halili, while failing to register her case with the local police or in a court of law, became the center of controversy when Revilla made public her complaint in a privileged speech before the Senate.
Once the case was exposed it was followed by a controversial Senate inquiry in which the actor and medical doctor Hayden Kho – shown in the video with Halili – and his legal counsel made statements. Kho also claims the video was posted on the Internet without his consent.
None of those accused by Halili have yet been charged with any crime. According to reports, her complaint remains pending with the Department of Justice for preliminary investigation.
Reportedly, the department is still evaluating if there is “probable cause” to arrest the accused – a process that should not have taken more than one month. Strangely, the Department of Justice’s preliminary inquiry turned into a public hearing as reporters and onlookers were shown discussing the case on television.
In a similar case in Hong Kong in February 2008 involving celebrity actor Edison Chen, police investigators took quick action and arrested a computer technician for uploading to the Internet nude photos of the actor with several actresses, which he allegedly found on Chen’s computer while repairing it. No lawmakers in Hong Kong’s Legislative Council made any privileged speeches on the issue, nor did the legislative body decide to investigate the case to “aid legislation.”
Unlike Halili’s case, the Hong Kong police arrested eight people in connection with the illegal posting of Chen’s photos. Just over two months after the controversy first broke out, Hong Kong's Kowloon City Court convicted one of the accused and handed out a custodial sentence of eight-and-a-half months.
In addition to Halili’s case there have been numerous others – including allegations of corruption against President Gloria Arroyo and her husband Jose Miguel – that lawmakers have tried to investigate under the guise of “aiding legislation.” None have ever been filed in a court of law or have resulted in new laws being drafted. Therefore, the purpose of lawmakers in conducting such inquiries is highly dubious.
The latest such incident involved Fermin Lorico, a 52-year-old activist who was killed in Dumaguete City. Last Monday, it was made public that the House of Representatives Committee on Human Rights would conduct a congressional inquiry into Lorico’s death. The committee conducted similar inquiries in the case of Jose Manegdeg III, an activist killed in November 2005 in Baguio City and other cases involving extrajudicial killings, threats and other human rights violations in recent times.
The practice of seeking redress and legal remedies from lawmakers rather than law institutions reflects the state of the judicial system, where police and prosecutors are not trusted by the people.
Even victims of ordinary crimes often resort to publicity and seek the help of influential and prominent people such as members of the Senate and House of Representative to get their cases investigated. This is despite the fact that investigations by lawmakers rarely yield results. Sometimes political assistance helps speed up the process of investigation, but responsibility for bringing results lies with the police and the judiciary.
Lawmakers may be well-intentioned in seeking to investigate criminal cases, but they should not replace the function of the police. The legislative body’s duty is to draft and pass laws. Although there is nothing wrong in looking into complaints, they should not make it a habit to perform police duties.
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(Danilo Reyes is a staff member of the Asian Human Rights Commission, a regional human rights NGO in Hong Kong. He is responsible for the organization’s work on the Philippines. Previously, he worked as a human rights activist and journalist in the Philippines.)
