Sees cover-up in Duterte arrest ‘irregularities’
SEN. Imee Marcos, chairperson of the Senate Committee on Foreign Relations, yesterday moved to subpoena the Cabinet officials who snubbed yesterday’s hearing on the arrest of former president Rodrigo Duterte last March 11.
Marcos said she was disappointed that not a single Cabinet official showed up even after she said on Wednesday that she want them to shed light on new information that she supposedly got hold of regarding Duterte’s arrest.
She said she has prepared subpoenas for, among others, Justice Secretary Jesus Crispin Remulla, Prosecutor General Richard Anthony Fadullon, Chief State Counsel Dennis Arvin Chan, National Security Adviser Eduardo Año, Air Force chief Lt. Gen. Arthur Cordura, Defense Secretary Gilberto Teodoro, Philippine Center for Transnational Crimes executive director Anthony Alcantara, PNP chief Rommel Marbil, CIDG chief Nicolas Torre, PNP spokesman Jean Fajardo, Foreign Affairs Secretary Enrique Manalo, Interior Secretary Jonvic Remulla, former intelligence coordination chief Alex Paul Monteagudo, Migrant Workers Secretary Hans Leo Cacdac, and Overseas Workers Welfare Administration administrator Arnel Ignacio.
The Cabinet officials were invited to attend yesterday’s second committee hearing but they were all no-shows.
Only three resource persons who were invited to attended the hearing showed up.
They are lawyer RJ Bernal, chief counsel of the Securities and Exchange Commission; lawyer Ferdino Santiago, supervising securities review counsel of the Office of the General Counsel; and lawyer Alex Medina, who teaches constitutional law.
Marcos said she had already sent the subpoenas for Cordura and Fadullon to Senate President Francis Escudero.
Escudero said he has signed the two subpoenas, but opted to refer them to the Senate legal team for review.
He said he will do the same to the other subpoenas prepared by Marcos.
Escudero said he will not act on the subpoenas until the Senate legal team comes up with its recommendations.
“Ang huling gusto kong mangyari, sa gitna at sa kabila ng napakaraming kaguluhan sa ating bansa, ay dagdagan pa ito sa pamamagitan ng isang constitutional crisis kaugnay ng subpoena sa kabilang banda at invocation ng executive privilege sa kabilang banda (The last thing that I want, amid all the problems our country is facing right now, is to add more problems by having a constitutional crisis with regard to those subpoenas on one hand, and the invocation of executive privilege on the other hand),” he said.
Escudero said there is already a Supreme Court (SC) ruling which favored the invocation of executive privilege.
He said the SC has had two decisions on the issue of executive privilege in the case of Senate vs. Ermita and Senate vs. Neri where the High Court ruled that the Executive branch can invoke executive privilege in not answering queries during Senate hearings and when members refuse to attend congressional inquiries.
COVER-UP
During the hearing, which continued despite the absence of the Cabinet officials, Marcos alleged there is an apparent move to cover up what really happened when the former president was arrested and turned over to the International Criminal Court (ICC) in The Hague in the Netherlands.
Citing the absence of the invited Cabinet members, she said: “Secrecy na ba, hindi na transparency? Ang pag-iwas sa katotohanan ay parang utang na may interes. Habang hindi binabayaran, lalong lumalaki ang atraso. Maaari mong iwasan ang pagharap ngayon sa araw na ito, pero darating din ang araw ng paniningil (Do they want secrecy now, not transparency? Evading the truth is like having a debt with an interest to pay. The more you delay paying your debt, the higher the interests will be. They can snub the hearing today but there will be a payback time).”
She added: “Hidden truths are unspoken lies. Sa pagtatago ng katotohanan gamit ang executive privilege at sub judice, nagmimistula tuloy na may cover up sa mga nangyayari (Hiding the truth under executive privilege and the sub judice rule shows there is a cover up of what really happened).”
Executive Secretary Lucas Bersamin last Monday informed the Marcoos committee and Escudero that the invited Cabinet members will not attend the hearing since they have already satisfactorily answered all the questions during the committee’s first hearing last March 20.
Bersamin invoked executive privilege, and likewise said that the Executive will violate the sub judice rule if Cabinet officials attend the hearing since there are four petitions filed by the camp of the former president questioning his arrest which are pending before the Supreme Court.
In response, Marcos appealed to Bersamin to reconsider the Palace position, saying she wants to seek clarification from government officials on new information that she supposedly got from “concerned citizens” regarding the March 11 incident.
‘EMPTY CHAIRS’
Sen. Ronald dela Rosa, who physically attended the hearing, expressed dismay over the sight of the empty chairs in the committee room.
“Ito’y tahasang pagbalewala sa doktrina ng checks and balances ng ating gobyerno.Kung ayaw nilang mag-attend ng hearing, ibig sabihin ayaw nilang magpa-check sa atin na co-equal branch of government. So what will happen to this? Kapag tuluyang ganito ang mangyayari, I think we are on the verge of a constitutional crisis. Kapag tuluyan nilang ini-snub yung ating imbitasyon, wala nang mangyayari. Wala nang respetuhan ito sa isang kapwa co-equal branch of government (This is a blatant disregard of the doctrine of checks and balances in our government. If they don’t want to attend the hearing, that means they do not want to be checked by a co-equal branch of government. So, what will happen now? If this continues, I think we will be on the verge of a constitutional crisis. If they continue to snub our invitation, nothing more will happen [to our concerns]. There is no more respect among co-equal branches of government),” Dela Rosa said.
It was at this point when Dela Rosa moved to issue subpoenas to the Cabinet officials “to require their presence in the next hearing” if Marcos still decides to call for another inquiry.
“Dapat ma-subpoena sila para magka-alaman, klaruhin natin (They should be subpoenaed so we will know the truth, so things can be clarified),” he said.
Escudero, in a press conference after the committee hearing, said Dela Rosa is entitled to his opinion that there is no longer respect among co-equal branches of government, but said that the Cabinet officials can invoke executive privilege as what has been ruled by the Supreme Court.
“Hindi naman por que hindi tayo sang-ayon ay mali na yun lalo na kung may desisyon at batas na nagsasabing yun ang tema sa ngayon (It is not right to say that something is wrong if it is against our opinion especially when there is already a decision that says that it [executive privilege] can be invoked),” he said.
Sen. Christopher Go, who attended the hearing via videoconferencing, said there are several issues that the Cabinet officials need to clarify regarding the arrest of Duterte which have were not tackled during the first hearing.
“The preliminary report of the chairperson underscored a crucial point: the Philippine government was under no legal obligation to arrest the former president and surrender him to an international court. It was revealed that was received was merely a diffusion notice, which was unverified and unapproved by the International Criminal Police Organization secretariat,” Go said.
He said the administration has been repeatedly saying that the ICC has no more jurisdiction over the country and yet it allowed Duterte to be arrested.
“Kung hindi kinikilala ng gobyerno ang ICC, bakit nila binigyan ng pansin ang arrest warrant mula sa ICC? (If the government does not recognize the ICC, why did it entertain the arrest warrant from ICC)?” he asked.
He said the Senate committee cannot just let these alleged irregularities pass since the rights of Duterte may have been violated.
He also said the government should find ways to bring Duterte back to the country where he can face the charges against him.
ICC PROBERS
Marcos alleged the arrest of Duterte was planned, noting that ICC investigators arrived in the country on different occasions in October last year.
Marcos said she received information that at least four ICC investigators visited the country.
Amir John Kassam, ICC protection expert, supposedly arrived on October 20 last year; Maya Destura Barackeen, an interpreter, came on October 4, 2024; William Rosato, an ICC protection expert, also arrived on October 4; and Glenn Roderick Thomas Kala, ICC investigator, entered the country on October 20 also last year.
She said the government helped the ICC personnel contrary to what the Palace said that it will not assist the international body in its investigation.
She said her information also allegedly showed that the Department of Justice came out with a briefer in connection with Duterte’s arrest as early as May 2024, which was made amidst the issue on the people’s initiative and the Maisug rally led by the Dutertes in Davao City.
“Maliwanag na last year, May of 2024, nag-umpisa na ito at sabi nito aware naman tayo na yung policy ay hindi papasukin ang ICC, pero possible namang mag-iba (It was clear that as of May 2024, it started, and we are aware of the government policy that it will not allow the ICC to enter the country, but it is possible since it can change),” she said.
She said that another ICC lawyer and a team of three also arrived in the country on October 19 last year but gave no details.
She said the ICC personnel informed the local immigration that they will stay in three hotels in Metro Manila and reportedly asked for security details and transportation support from Philippine authorities.
“So, maliwanag na ang Pilipinas ay tumulong at talagang nagpakita ng partisipasyon. Matagal na ito, Mayo pa tapos October pa kaya nagtataka po tayo bakit tinatanggi ng ating mga opisyal na may ganito (So, it is clear that the Philippines helped in the ICC investigation. This has been going on since May and then in October that’s why I am wondering why our officials are still denying it),” she said.
Marcos also claimed that the ICC personnel gathered information on the bank records of a certain Peter Parungo from June 2016 to 2019; and asked for blotters, seized evidence, and radio transmission from the Quezon City Police District Station 6 in Barangay Batasan Hills.
She said the ICC personnel also requested for the hospital records of the East Avenue Medical Center in QC on the individuals who were brought in dead on arrival by the police from July 1, 2016 to June 30, 2017.
She said the ICC also asked for post mortem reports, records of persons who had gunshot wounds who figured in shooting incidents with the police, and details of any police officer treated for gunshot wounds.
Marcos said the documents gathered by the ICC were used in the issuance of an arrest warrant on Duterte.
She said the government intelligence agencies should have detected the presence of ICC personnel in the country considering that they have intelligence funds.
Marcos also said the administration has been issuing contradictory statements that it will not cooperate with the ICC but the DOJ
formed a task force in November last year to buildup cases on extrajudicial killings under the past administration. The creation of the task force was made on the basis of DOJ Department Order No. 778.
She said another DOJ memorandum dated March 6 showed the accomplishment report of the task force. The task force also requested for additional 90 days to complete its investigation.
“Kung may case buildup, may draft of the complaint, why did we still have to cooperate with ICC and Interpol? It appears that the DOJ is arguing there is no investigation or prosecution in the relevant EJK cases but in fact, sila mismo may task force na mayroon ng report, may hinihingi na mga private lawyer, meron na rin quadcomm sa Kongreso, merong Senate Blue Ribbon Committee. Ano ba naman ito?
(If there was already a case buildup, there were drafts of complaints, why did we still have to cooperate with ICC and Interpol? It appears that the DOJ is arguing there is no investigation or prosecution in the relevant EJK cases, but in fact, it has formed a task force, has come up with a report, was asking for private lawyers, and then we have the quadcomm at the House of Representatives, and we also have the Senate Blue Ribbon Committee hearings. What is this all about?),” she said.
LEAR JET
Marcos also said she wants to know who is the owner is of the Lear jet which was used to transport Duterte to The Netherlands after she received information that the same aircraft with tail number RP-C5219 is reportedly being used by her brother, President Ferdinand Marcos Jr. in going to different places in the country, including Palawan and Tawi-tawi.
She said the latest information she got was the Lear jet was used by the president in going to Laoag City, Ilocos Norte days after Duterte was flown to The Hague.
“Who owns this aircraft and who chartered the flight going to the Netherlands?” she said.
Marcos failed to solicit answers since invited resource persons from the Civil Aviation Authority of the Philippines (CAAP) were also not around during the hearing.
Dela Rosa asked why the president uses the Lear jet when he can use the official aircraft assigned to the Chief Executive.
“Ang pinagtatakhan namin dahil napa strikto ng security para sa Pangulo, hindi po ba? Alam natin na may presidential plane naman ang Air Force kaya’t himala kung bakit iba ang ginagamit (We are wondering why the president uses the private aircraft when there is very strict security for presidents? We know that the Ai r Force has a presidential plane that’s why it’s odd why he is using that),” Dela Rosa said.
The Presidential Communications Office, in a press conference days after Duterte was flown to The Hague, said the Office of the President paid for the chartered flight of the former president to The Netherlands as it cited the administration’s commitment to help the Interpol.
EXECUTIVE PRIVILEGE
Executive Secretary Lucas Bersamin, in an ambush interview, said that when Malacañang received the invitation for the first Senate hearing and learned of the specific topics that would be covered, “we determined that there are many probable or likely topics to be covered by those matters that would come under the executive privilege”.
He said it was then that they decided to send the letter to Escudero and Marcos.
“It was best to get ahead with a letter to the Senator (Marcos) and to the Senate President so that they would be formally informed that in that hearing, our Cabinet secretaries and other executive officers would not be forced to respond to questions concerning those matters. That’s the essence of the letter,” he said.
Bersamin had sent two letters to the Senate, with the first informing them that the Cabinet and executive officials would be invoking executive privilege during the first hearing and a second one about barring Palace appointees from attending the second hearing.
Palace Press Officer Claire Castro had said that the Cabinet members had already answered the queries and had already said enough about the arrest and turnover of Duterte.
HAGUE VISIT
Dela Rosa, in an interview after the hearing, said he has plans of visiting Duterte at the Scheveningen jail facilities in the Hague “before or after” the May midterm elections whether he makes it back to the Senate or not.
“Mag try ako mag-apply ng Schengen visa. Kung issue-han ako, then maybe kung may pagkakataon, before the elections sana makabisita ako sa kanya…baka before or after elections, Manalo, matalo (I will try to apply for a Schengen visa, and if I will be issued with one, then maybe if there is a chance before the elections, maybe I can visit him… Maybe before or after the elections, win or lose),” he said.
He said it is okay if he will be arrested once he arrives in the Netherlands, but joked that he will wear a wig so he cannot be easily recognized.
“Sige lang kung i-detain nila ako doon, Magpunta ko doon sa The Hague, mag-wig ako para hindi nila ako makilala doon (It’s fine if they will detain me there. I will still go to The Hague, I will wear a wig so I won’t be easily recognized),” he said.
Dela Rosa is a co-accused in the crimes against humanity filed against Duterte as he was the chief implementor of the past administration’s bloody war on drugs.
In recent interviews, Dela Rosa said he is willing to be arrested once a warrant of arrest is out so he can take care of the 80-year-old Duterte while in detention.
However, he took back his statement saying he will seek refuge in the Senate if the arrest warrant comes out so he can exhaust all legal remedies to stop his detention in the ICC.
He later said that he will opt to hide so he cannot be arrested.
SARA AND RODY
“Glad I could help,” Palace communications undersecretary Claire Castro said this was the message of the president to Vice President Sara Duterte after the latter said that his father’s arrest and detention in the Netherlands have given them the opportunity to reconcile.
“Pinaabot po natin ito sa Pangulo at ang sabi po niya ‘glad, I could help.’ (We informed the president about this and he said ‘glad I could help.’),” Castro said.
Castro, however, said the vice president should be thanking her father instead as it was the implementation of the latter’s war against illegal drugs during his term that led to the filing of charges in the ICC and his eventual arrest.
She said she should also thank those who filed the complaint against the former president.
“Kung hindi po naganap at nagawa ang sinasabing mga aksyon patungkol sa war on drugs at walang nag-complaint, hindi naman din sila magkakaroon ng pagkakataon na makapunta sa The Hague (If the actions in connection with the war on drugs had not happened and no one had filed a complaint, they would not have the chance to go to The Hague),” she said.
“So, mas maganda pasalamatan niya muna po sila dahil sa ginawa ng kanyang ama, sa mga inerereklamo sa kanya, iyon po ang naging cause kung bakit sila nasa The Hague (So, it would be better to thank her father first, and those who complained which was the reason why they are at The Hague),” she added.
The vice president has been at The Hague overseeing the defense of her father since the elder Duterte was arrested in March.
The former president’s other daughter, Veronica “Kitty” Duterte and common law wife Honeylet Avancena are also in the Netherlands. – With Jocelyn Montemayor
