THE House Committees on Justice and Human Rights yesterday began tackling two resolutions urging the Philippine government to cooperate with the International Criminal Court (ICC) in pursuing its investigation of former President Rodrigo Duterte’s bloody war on illegal drugs.
Lawmakers opened the deliberations on House Resolution No. 1393 filed by the militant Makabayan bloc and HR No. 1477 filed by human rights panel chair Rep. Bienvenido Abante of Manila and Rep. Ramon Rodrigo Gutierrez (PL, 1-Rider) last Monday, which calls on the Marcos Jr. administration “to extend their full cooperation to the ICC Prosecutor with respect to its investigation of any alleged crime within the jurisdiction of the ICC.”
The joint panel, however, later decided to defer the hearings pending the referral of Albay Rep. Edcel Lagman’s House Resolution No. 1482 which seeks to verify if the body has jurisdiction over the country since former Duterte ordered the country’s withdrawal from the ICC’s Rome Statute on March 17, 2018.
Lagman, a veteran lawyer-lawmaker, said it is essential for the joint panel to first “establish and confirm the verity” of some “factual and legal parameters” before tackling the resolutions.
He reminded the joint panel that the jurisdiction of the ICC over covered crimes committed in the Philippines took effect on November 1, 2011 after the Philippines acceded to the Rome Statute and the withdrawal became effective only a year after its filing, specifically on March 17, 2019.
Consequently, Lagman said the jurisdiction of the ICC on covered crimes committed in the Philippines spans the period from November 1, 2011 to March 16, 2019.
Rep. Joseph Stephen Paduano moved for the suspension of the deliberations to invite resource persons for further discussions and it was seconded by Bukidnon Rep. Jonathan Keith Flores, the committee on justice vice chair.
“Now, Mr. Chairman, with that, I think it is just right and proper that we should invite authorized (persons) and get legal opinions to those resource persons that will be invited in the next hearing, particularly the Department of Justice and in fact, we should also invite a representative from the Supreme Court because in the House Resolution No. 1477, the Supreme Court was quoted with regards to the jurisdiction of the ICC from November 1, 2011, to March 17, 2019,” Paduano said.
Flores said the joint panel has to allow Lagman’s resolution “to be taken up together with the existing resolutions.” “It may be prudent for us to at least wait,” Flores responded after Paduano made the motion.
Rep. Arlene Brosas (PL, Gabriela), a member of the Makabayan bloc, asked lawmakers to hear the stories of relatives of the drug war victims before voting on the resolution.
Lagman said the complaint against Duterte for crimes against humanity was filed on April 24, 2017, when the ICC still had jurisdiction and “no less than the Supreme Court on July 22, 2021 categorically ruled that the ICC has jurisdiction over the alleged commission of the covered crimes filed against President Duterte and others.
“The rule on complementarity wherein the ICC defers to the domestic criminal jurisdiction if it is functioning against the respondents cannot be invoked because the principal respondent, former President Duterte, remains scot-free without any prosecutorial office investigating him and no domestic court has taken jurisdiction over him,” Lagman said.
Considering that the ICC prosecutors have jurisdiction to investigate Duterte and his co-respondents, in compliance with world order and the rule of law, Lagman said “the concerned agencies of the Philippine government must perforce cooperate with the ICC investigators.”
Lagman said the ICC judges, in denying the appeal of the Philippines, urged the Philippine government to cooperate with the ICC investigators, quoting The ICC judges as saying that the relevant ‘ensuing obligations remain applicable, notwithstanding the Philippines’ withdrawal from the Statute.
“This includes the Philippine government’s obligation to cooperate with the ICC in connection with the investigation,” he said. “The Philippines must cooperate. Otherwise, it will be a renegade in the community of nations.”
In a chance interview, Lagman said the resolutions are suddenly being discussed because the House leadership obviously had a “change of heart.”
“I think there has been a change in the view of the majority in favor of the need to follow the rule of law and the world order, the need for the country to fully cooperate with the investigation of the ICC prosecutors,” he said.
Asked what caused the majority’s sudden change of heart, Lagman said: “Your guess is as good as mine. Kayo na ang mag-articulate ng nasa isip niyo (It’s up to you to articulate what’s on your minds).”
The resolution was filed amid the House leadership’s word war with the former chief executive over the House’s decision to strip Vice President Sara Duterte of confidential funds under the P5.768 trillion proposed national budget for 2023.
There are also rumors that some lawmakers are eyeing the Vice President’s impeachment over her alleged questionable use of P125 million confidential funds last year but the Speaker, has already denied it, saying there is no such plot against the Vice President despite the rift.
Sen. Imee Marcos yesterday said urging the Philippine government to cooperate with the International Criminal Court on its investigation of Duterte’s alleged crimes against humanity is like giving up the country’s sovereignty.
“It is a big insult to the Philippines if the government allows the ICC to pursue its investigation on the former president. We must not allow it, otherwise, it is like surrendering our sovereignty, we are not a republic anymore because we depend on them,” Marcos said in a chance interview in Navotas City where she distributed boats to fishermen.
She said the country’s justice system is working, hence there is no need for foreign courts to conduct their investigation on the alleged crimes committed by Duterte.
Marcos said proof of that was when the court allowed former senator Leila de Lima to post bail.
“The government is facing a lot of problems, and yet they still want to add more with their political ambitions in 2025, 2028,” she added.
Marcos also denied that there is a crack in the relationship between their family and the Dutertes.
“For me — from my brother, to me, to my president, to my vice president–I think everything’s good. The problem is that there are those people who sow intrigues, that they do not pity the people who are affected by high prices of commodities,” she said.
In a separate statement, Marcos questioned the motive of the lawmakers pushing for the government to cooperate with the ICC probe on Duterte.
“Who are the lawmakers pushing for foreign interference in our justice system? Why are they intent upon the subjugation of the independent Philippine judicial system to foreign entities?” she said.
Marcos said President Marcos Jr. had earlier put an end to the ICC issue by saying that he would not allow it to pursue investigations in the country.
“The question of cooperating with the ICC has been asked of the President many times, and he has consistently said that our courts will not be rendered subordinate to the ICC and that we are a sovereign nation with its own justice system,” Marcos said.
“Let’s stand our ground, as the President has done many, many times,” she added.
Sen. Ronald dela Rosa, the architect of Duterte’s war on drugs being his former PNP chief, said the House resolution will remain as such the president changes his mind. — With Raymond Africa
