Says govt will not ‘lift a finger’ to help in drug war probe
PRESIDENT Marcos Jr. yesterday said his administration will neither cooperate nor help the International Criminal Court (ICC) in its investigation into the bloody campaign against illegal drugs of the Duterte administration as he reiterated that the international body has no jurisdiction over the country.
“We do not recognize your (ICC) jurisdiction. Therefore, we will not assist in any way, shape, or form, any of the investigations that the ICC is doing here in the Philippines,” Marcos said in an interview at the sidelines of the launching of the Lung Transplant Program of the Lung Center of the Philippines (LCP) and the National Kidney and Transplant Institute (NKTI) in Quezon City.
“Let me say this for the 100th time, I do not recognize the jurisdiction of ICC in the Philippines. I do not, I find, I consider it as a threat to our sovereignty,” Marcos said.
The President made the statement following the disclosure of former senator Antonio Trillanes IV that ICC investigators visited the Philippines last month to gather evidence related to its probe on the alleged human rights abused committed by the police in the implementation of former President Rodrigo Duterte’s war against illegal drugs.
Trillanes has said that the ICC is supposedly set to issue arrest warrants against the former president and the other personalities named in the charge sheet, including former police chief and now Sen. Ronald dela Rosa, who challenged Malacañang on Monday to reveal to the public its real position on the issue.
Marcos said that as ordinary individuals, ICC representatives are free to visit the country, but the government will “not lift a finger to help any investigation that the ICC conducts.”
“As ordinary people, they can come and visit the Philippines pero hindi kami tutulong sa kanila. In fact, binabantayan namin sila, making sure that hindi sila – that they do not come into contact with any agency of government (As ordinary people, they can come and visit the Philippines, but we will not help them. In fact, we are monitoring them, making sure that they do not – that they do not come into contact with any government agency),” he said
The President said if ICC representatives have already managed to contact any government agencies — whether the police or local government units — the officials have been directed not to answer any questions and not to cooperate.
Justice Secretary Jesus Crispin Remulla and Solicitor General Menardo Guearra echoed the President’s position as they reiterated that the government has no legal duty to comply with any obligation or proceedings before the ICC since the country already withdrew from the Rome Statute in 2019.
The Philippines, then under Duterte, withdrew from the Rome Statute, the treaty that established the ICC, after the drug probe abuse complaint was filed with the international court.
The ICC in September 2021 started its formal inquiry on the complaint, which was suspended in November 2021 as it discussed the petitions filed by the Philippine government. The ICC authorized the reopening of the inquiry in January 2023.
In November 2023, Marcos said his administration is studying the possible return of the Philippines to ICC.
Remulla said: “As a sovereign nation with a robust and functional justice system capable of addressing internal issues without external interference, the Philippine government has shown that it is ready, willing and able to investigate and prosecute any crime committed within its territory.”
With this, Remulla said the presence of international bodies, such as the ICC, in the country must be in accordance with the 1987 Constitution and relevant laws.
“Prior consent and approval of relevant departments, including the Department of Foreign Affairs, the Department of the Interior and Local Governments, and the DOJ must be obtained before any foreign entities can conduct official activities within our country,” he added.
Remulla said the DOJ “as of today” has not received any official communication or confirmation on the presence of ICC investigators in the country.
“Specifically, the DOJ has not received any advisory from the DFA that the ICC has indeed entered the Philippines, a requirement that would trigger the interdepartmental coordination concerning developments that go to the very core of our sovereignty and the primacy of our Constitution and our laws,” he said.
Guevarra said the country will not enforce any processes or warrant issued by the ICC following the country’s disengagement from the ICC.
“The Philippines had long ended all engagements, both formal and informal, with the ICC.
We are therefore unaware of any factual basis for Trillanes’ statements about the status of the ICC investigation,” Guevarra said.
SC RULING A MERE OPINION
Meanwhile, Remulla said the Supreme Court’s ruling that Manila is still obliged to cooperate with the ICC despite its withdrawal from the Rome Statute is an “incidental expression of opinion” and does not oblige the government to cooperate.
To recall, in its ruling junking the petition filed by several senators led by Francis Pangilinan questioning Duterte’s decision to unilaterally withdraw from the ICC, the High Court held that the exit does not affect criminal proceedings pertaining to acts that occurred when the country was still a state party, or before 2019.
“The DOJ is fully aware of the SC ruling in Pangilinan et al versus Cayetano pertaining to supposed crimes committed before the withdrawal of the Philippines from the ICC,” Remulla said. “We note that the ruling was a mere obiter dictum or the court’s incidental expression of opinion not essential to the decision and not establishing precedent.”
VP SARA
Vice President Sara Duterte confirmed Trillanes’ statement that she is also a respondent in the case pending before the ICC.
However, she insisted that she will only submit herself to the jurisdiction of local courts and not the ICC, which she said has no business meddling in the country’s judicial system.
“Haharapin ko ang anumang akusasyon laban sa akin (I will face any accusation against me),” she said. “But I will only face any charge against me before a Filipino judge – and only before a Filipino court.”
The Vice President said she will never be a part of “a process that will bring the country shame and destroy the dignity of our judges, the courts and the whole justice system of the Philippines.”
“Huwag nating ipahiya ang bansa sa buong mundo sa pamamagitan ng pagpapahintulot sa mga dayuhan na manghimasok at makialam sa Pilipinas. Ang kahiligan na magpailalim sa mga dayuhan ay sampal sa mga bayaning Pilipino na nagbuwis ng kanilang buhay at lumaban para lang sa ating kalayaan. Unahin muna natin ang Pilipinas (Let’s not embarrass the country before the whole world by allowing foreigners to meddle in the Philippines. The penchant for being subservient to foreigners is a slap in the faces of Filipino heroes who gave their lives and fought for our freedom. Let’s prioritize the Philippines),” she said.
She also denied any involvement with the so-called “Davao Death Squad” when she was still Davao City’s mayor, saying the DDS was never linked to her throughout her term as the city’s chief executive.
“Subalit, matapos akong manalo bilang vice president, bigla na lang nagkaroon ng testigo laban sa akin at ngayon ay kasama na ako sa mga akusado sa International Criminal Court.
Hindi ko kailangan ng death squad para sa mga bagay na kaya kong gawin (However, after I won as Vice President, witnesses against me suddenly appeared and now, I am one of the accused in the International Criminal Court. I do not need a death squad for things that I can do on my own),” she said. — With Ashzel Hachero and Wendell Vigilia
