SENATE President Francis Escudero on Monday ordered the detention of Special Ambassador on Transnational Crime Markus Lacanilao after he was cited in contempt for his failure to “satisfactorily” defend his evasive answers during the April 10 hearing of the Committee on Foreign Relations on the arrest of former president Rodrigo “Rody” Duterte last month.
Lacanilao acted as the Philippine government representative in carrying out the International Criminal Court (ICC) arrest order on Duterte. He also accompanied the former resident to the Netherlands and turned him over to the international court.
“After careful evaluation, Amb. Lacanilao is hereby ordered placed under the custody of the Senate of the Philippines for a period not exceeding two days, having failed to satisfactorily explain through a clear statement of facts, why his answers during the (April 10) hearing was not evasive,” Escudero said in the contempt order which he signed on April 21.
“Further, he is admonished to attend future hearings and provide truthful answers to questions propounded during the inquiry,” he added.
Escudero did not provide details of Lacanilao’s explanation on why he should not be cited in contempt.
Sen. Imee Marcos, committee chairperson, said Escudero’s penalty was a “slap on the wrist” of Lacanilao, adding there seems to be a double standard in implementing contempt orders on resource persons found lying before congressional hearings.
“Furthermore, to add insult to injury, Lacanilao is to be detained for only two days. While ordinary people are locked up until they purge themselves of the contempt, as sanctioned by Section 18, Resolution No. 5, Series of 2010, as amended, Lacanilao is given an ever so gentle slap on the wrist,” she said.
“Apparently, the rules only apply to ordinary people and not people like Lacanilao who is favored by the powers to that be,” she added.
Marcos said Lacanilao was cited by the committee “for direct contempt” and should have been detained immediately “since rules do not even mention a need for a show-cause order.”
“However, instead of immediate detention, Lacanilao was given 11 days before he was eventually ordered to be detained. In contrast, it took the administration only several hours to arrest and whisk FPRRD (Duterte) out of the country,” she said.
Escudero has yet to react on Marcos’ remarks.
DETAINED
Senate spokesperson Arnel Jose Banas said Lacanilao voluntarily gave himself up to the Senate leadership upon receipt of Esudero’s order.
“A copy of the Order was sent to the Office of the Special Envoy on Transnational Crime at 3 o’clock in the afternoon (April 21), after which, his legal counsel immediately proceeded to the Office of the Senate Secretary to confirm the said Order. Ambassador Lacanilao voluntarily presented himself before the Senate to personally receive and comply with the Order,” Banas said in a statement Monday night.
He said Lacanilao underwent the standard check by the Senate’s medical and dental bureau before he was taken into custody.
“He shall remain in the custody of the Senate for a period not exceeding two days,” he added.
During the April 10 hearing, Sen. Ronald dela Rosa moved to cite Lacanilao in contempt for his supposed “evasive” answers when asked if he has knowledge if Dutert was presented to a “competent court” for judicial determination before he was flown to The Hague and surrendered to the International Criminal Court (ICC) where he is facing a charge for crimes against humanity.
Lacanilao replied he did not know if the former president was brought before a local court, saying he relied on the certification issued by Prosecutor General Richard Fadullon that the ICC warrant of arrest and Duterte’s arrest have been subjected to judicial determination.
Fadullon’s certification stated that Duterte’s arrest was “carried out in accordance with Philippine laws” and that it was also in accordance with the provisions stated in the Rome Statute.
Dela Rosa did not like Lacanilao’s response, prompting him to move to cite Lacanilao in contempt, which was immediately approved by Marcos.
Lacanilao was then whisked to the Office of the Senate Sergeant-at-Arms where he was detained.
Escudero, however, did not sign the contempt citation and ordered the immediate release of Lacanilao.
He issued a show cause order on April 11 for Lacanilao to explain, until April 15, why he should be not be cited in contempt.
Banas said Escudero compelled Lacanilao to appear in future committee hearings and to “provide fruitful answers to all questions posed during such proceedings.”
