JUSTICE Secretary Jesus Crispin Remulla yesterday said the Department of Justice (DOJ) will study the call of the Makabayan bloc in Congress to allow the International Criminal Court (ICC) to pursue its probe on former president Rodrigo Duterte following his recent televised admission on the use of confidential funds to finance his administration’s bloody drugs and communist crackdown.
Remulla said the DOJ needs to first study the Makabayan bloc’s resolution before taking a position on the matter.
“Kailangan pag aralan muna namin mga record ng Kongreso, hindi lang second hand or third hand sources, kelangan humingi kami ng transmittal sa Kongreso tungkol sa mga usapin dito, sa mga debateng nangyayari, pagpa-file ng resolusyon, kung ano ang nangyari sa komite bago ito lumabas (We need to study the records in Congress, not only the second or third hand sources. We need to ask for transmittal from Congress regarding this issue, the debates that took place and the resolution filed),” Remulla told reporters in a press briefing.
Remulla added the DOJ will also review existing jurisprudence and legal basis regarding the ICC’s jurisdiction in the Philippines.
To recall, the Philippines withdrew as a State party from the ICC’s Rome Statute effective March 17, 2019.
“Kailangan makita natin ang pinag-usapan dito, ‘yan ang una. Pangalawa, kelangan tingnan natin ang batas na umiiral sa ating bayan, ang huling direkto na binigay ng Korte Suprema sa bagay na ito o jurisprudence on the matter, kung ito ba’y obiter dictum lamang o precedent (We really need to know what the issue is all about. Second, we need to take a look at existing jurisprudence, and the last directive made by the Supreme Court on this matter to see if this is obiter dictum or a precedent),” the DOJ chief added.
Asked if the DOJ will change its stance on the matter, Remulla refused to respond directly, saying the matter should first be thoroughly studied and reviewed.
“Wala namang pagbabago. Kailangan lang talaga pag-aralan ang bagay na ito sapagkat international law ang pumapasok dito, pumapasok din ang constitutional law, ang sinasabi ng ating Korte, ang ating batas (There are no changes. But we need to study this because this involves international, constitutional law, what our courts and laws are saying about the matter),” he said.
“Kailangan lang maingat tayo. Kung ang iyong bansa ay meron systema ng hustisya na umaandar, bakit mo ipauubaya sa ibang tao ang maghusga sa sarili mong bayan (We just need to be careful here. If your country has an existing justice system, why will you allow other people to judge your country?),” he added.
Sought for comment, Solicitor General Menardo Guevarra said the government maintains its stand that the ICC no longer has jurisdiction over the country.
“The ICC appeals chamber failed to rule categorically on our jurisdictional challenge, so, we maintain our position that the ICC can no longer exercise jurisdiction over the Philippine situation long after our withdrawal from the ICC way back in 2019,” Guevarra said in a Viber message.
He added the ICC prosecutor, though, is free to pursue his investigation anyway he wants, but he cannot expect any cooperation from the Philippine government.
“As far as we are concerned, any and all complaints against the conduct of the war on drugs must be lodged before our own prosecutorial and judicial system,” Guevarra said.
The House Makabayan bloc has filed a resolution urging the Philippine government to cooperate with the ICC investigation on the alleged crimes against humanity committed by the Duterte administration’s bloody war on drugs.
House Deputy Minority Leader and ACT Teachers Rep. France Castro, Gabriela Rep. Arlene Brosas, and Kabataan Rep. Raoul Manuel filed House Resolution 1393 last week after the former president admitted in his October 10 interview with Sonshine Media Network International (SMNI) that he used intelligence funds to conduct extrajudicial killings (EJK) on his constituents in Davao City.
