THE Office of the Ombudsman yesterday ordered Justice Secretary Jesus Crispin Remulla, Interior Secretary Juanito Victor Remulla, PNP chief Rommel Francisco Marbil, PNP Criminal Investigation and Detection Group (CIDG) director Nicolas Torre III, and Department of Foreign Affairs (DFA) special envoy on transnational crimes Markus Lacanilao to file their respective counter-affidavits in reply to the criminal and administrative complaints filed against them by Sen. Imee Marcos last May 2.
Marcos filed the complaints in relation to the findings of the Senate Committee on Foreign Relations which investigated the circumstances involving the arrest of former president Rodrigo “Rody” Duterte and surrender to the International Criminal Court (ICC) last March 11.
Duterte is facing trial before the ICC for charges of crimes against humanity in relation to the thousands of extrajudicial killings during the implementation of his brutal war against drugs.
In two separate directives signed by Preliminary Investigation and Administrative Adjudication Bureau D (PIAB-D) director Nellie Boguen-Golez, the respondents were given 10 days to comply.
They were instructed to submit their counter-affidavits in three separate copies to the Ombudsman’s Central Records Division and to furnish a copy to the complainant-senator.
Likewise, the respondents were told to attach affidavits by their witnesses, together with other documentary evidence they think is necessary to address the allegations in the complaint.
Marcos is seeking their indictment for arbitrary detention, usurpation of judicial functions, violation of the Anti-Graft and Corrupt Practices Act (RA 3019), usurpation of authority or official functions, and false testimony and perjury.
A separate complaint charged the same Cabinet members, police generals, and DFA official with grave misconduct and conduct prejudicial to the best interest of the service.
While the administration of President Ferdinand Marcos Jr. cooperated in Duterte’s arrest by the ICC, his elder sister took the stand that the Philippine government violated procedures in surrendering the former president to the ICC.
The Ombudsman reminded the respondents that compliance to the order to answer the complaints is mandatory.
“Failure to file counter-affidavit within the aforesaid period shall be deemed as waiver of the right to submit controverting evidence and the preliminary investigation shall proceed accordingly,” it said.
Once the counter-affidavits and supporting evidence are submitted, the Ombudsman said the cases are deemed “submitted for resolution” on the basis of the evidence presented by parties.
If necessary, the complainant or the respondents may be summoned to appear before the investigating panel to answer clarificatory questions.
“No motions to dismiss or bill or particulars shall be entertained,” the Ombudsman said.
