Former President Rodrigo Duterte and Senator Ronald “Bato” Dela Rosa on Tuesday filed a petition before the Supreme Court asking the High Court to release any individuals arrested by the authorities in the implementation of the warrant of arrest from the International Criminal Court and permanently prohibit the Philippine government from cooperating with the international tribunal.
The former President and the Mindanaoan lawmaker, thru their legal counsel Atty. Israelito Torreon, filed the 94-page petition after the arrest of Duterte which was based on an International Criminal Police Organization Red Notice in compliance with the ICC’s warrant of arrest against the former chief executive.
Apart from asking for a temporary restraining order on the serving of any warrant of arrests and the permanent prohibition on any cooperation in the ICC probe, Duterte and Dela Rosa asked the SC to declare the government’s cooperation with the ICC unconstitutional.
In the petition, Duterte and Dela Rosa argued that the government officials and law enforcement authorities have committed grave abuse of discretion amounting to lack or excess of jurisdiction when they allowed the entry of ICC investigators and prosecutors to investigate Duterte’s drug war and allow the enforcement of the arrest warrant.
“Any cooperation by the respondents or any government agency with the ICC, including participation in its investigations, enforcement of its orders, or assistance in securing accused individuals, is unconstitutional and violative of Philippine sovereignty; that any attempt to enforce ICC-issued warrants of arrest in Philippine territory without due process under Philippine law constitutes an unlawful and unconstitutional act,” they said in their petition.
In the petition, Duterte and Dela Rosa argued that the government officials and law enforcement authorities have committed grave abuse of discretion amounting to lack or excess of jurisdiction when they allowed the entry of ICC investigators and prosecutors to investigate Duterte’s drug war and allow the enforcement of the arrest warrant.
They emphasized that authorization of ICC investigation to continue lack legal basis since the time that the Philippines withdrew from the Rome Statute.
This, they said, directly contravenes with the sovereign prerogative of the Philippines to withdraw from the treaty.
“PERMITTING ICC INVESTIGATORS, INTERPOL AND OTHER RELEVANT AGENCIES TO ENTER THE PHILIPPINES TO PROBE THE DRUG WAR AND EXECUTE WARRANTS OF ARREST CONSTITUTES A DIRECT VIOLATION OF THE COUNTRY’S SOVEREIGNTY AND IS, THEREFORE, UNCONSTITUTIONAL,” Duterte and Dela Rosa said in the petition.
They further cited the principle of complementarity, in which the ICC cannot exercise jurisdiction over the Philippines because the country has a functioning legal system that is capable of investigating and prosecuting crimes under its national laws.
Moreover, they said the Philippines has no legal obligation to any ICC-requested Interpol notice.
“THE PHILIPPINE GOVERNMENT’S DUTY IS TO PROTECT ITS NATIONALS FROM UNLAWFUL FOREIGN INTERFERENCE, AND ANY ATTEMPT TO ENFORCE ICC WARRANTS OR FACILITATE THE ICC INVESTIGATION CONSTITUTES A FAILURE TO UPHOLD THIS DUTY,” Duterte and Dela Rosa argued.
Named respondents in the petition were Executive Secretary Lucas Bersamin, Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, PNP chief Francisco Marbil, CIDG chief Nicolas Torre III, Solicitor General Menardo Guevarra, Foreign Affairs Secretary Enrique Manalo, AFP Chief Romeo Brawner, and the Bureau of Immigration.
