Dela Rosa hits Remulla, Guevarra's latest ICC remarks

Senator Ronald "Bato" dela Rosa on Monday questioned the latest remarks of Justice Secretary Jesus Crispin Remulla and Solicitor General Menardo Guevarra with regard to the developments in the International Criminal Court's investigation on the Duterte administration's drug war.

The lawmaker delivered a privilege speech calling for the protection of the country's sovereignty, saying allowing ICC's jurisdiction over the Philippines is a "looming constitutional crisis."

Dela Rosa cited Remulla’s statement earlier this month saying they are “not in the business of blocking the movement of the International Criminal Police Organization (Interpol)” which he found “surprising.”

What is more troubling for Dela Rosa is Remulla’s statement, saying ““Once an arrest warrant is issued, it’s the Interpol’s job to serve it.”

He likewise noted Guevarra saying that the Philippines “has no legal duty to lend any assistance to the ICC prosecutor in conducting his investigation. But the Philippine government cannot stop him from proceeding any way he wants.”

The former chief of the Philippine National Police during the Duterte administration, Dela Rosa was reportedly named as one of the persons of interest in the ICC investigation, pointed out that the statements of the two executive officials run counter to President Ferdinand “Bongbong” Marcos Jr. 's statements, consistently denying ICC’s jurisdiction over the Philippines.

“The pronouncements of those two executive officials are quite alarming. The Secretary of Justice is one of the many alter egos of the President, and the Solicitor General is the lawyer of the government. Are they challenging the policy set by the President?” Dela Rosa said.

For Dela Rosa, the statement of the Justice secretary is “dangerous” as this might send a wrong message to the Filipinos that their Department of Justice cannot protect the rule of law.

Guevara’s “unsolicited opinion” was also lamented by Dela Rosa as this “puts the administration in a risky position” by  “promising” assistance to the ICC prosecutors as part of his legal duty.

The senator then cited Section 2 of Article III on the Bill of Rights of the 1987 Constitution in asserting that the Philippine government should not recognize the validity of a warrant of arrest issued by the ICC.

Asserting this legal basis, Dela Rosa, citing Duterte’s spokesperson Harry Roque’s opinion, said that Interpol has no manpower to effect an arrest warrant issued by a judicial body and since the Philippines is no longer  member of the ICC, “we are no longer bound to follow the issuance of ICC as it has no jurisdiction over us.”

“This is not merely an issue of the ICC against former president Duterte. This is, in fact, a looming constitutional crisis. Atin bang tatanganan na mahigpit ang ating soberanya? O hahayaan na lamang natin itong dumulas mula sa ating mga kamay?” Dela Rosa said.

(Will we firmly maintain our sovereignty? Or will we allow it to slip through our fingers?)

He asked the legal luminaries in the Senate to give their view on Roque’s opinion asserting that the Philippines sovereignty and exclusive jurisdiction over the implementation of a warrant issued by the ICC against a Filipino citizen.

“If the claims of Atty. Harry Roque are legally sound, I call on the Office of the President to protect our law enforcers, the PNP and the NBI. Huwag po sana natin silang bigyan ng utos na maaaring maglagay sa kanila sa alanganin. Hayaan po sana natin silang maging malaya sa pagpapatupad ng kung anong nararapat ayon sa ating Saligang Batas,” he said. 

“Please spare these institutions. Hindi niyo sila utusan; hindi niyo sila pag-aari. Sila ay mga lingkod-bayan at ang pananagutan nila ay sa sambayanan. Huwag niyo sila itali sa ICC na isang organisasyon na wala na tayong obligasyon. Ang pakikipag-ugnayan at koneksyon natin sa kanila ay matagal nang naputol,” he added.

(Let us not give the PNP and NBI orders that might put them in jeopardy. Let us allow them the freedom to uphold what is proper under our Constitution.

Please spare these institutions. They are not their servants; they don’t own them.They are civil servants and they answer to the Filipino people. Don’t tie them to the ICC, an organization they have no obligation to. Our ties and connection to them have long been severed.)

Dela Rosa reiterated that he and Duterte are “not afraid to face prosecution, even persecution” but he wanted it to be done by the Filipinos and Philippine courts.

“I hope, I trust, that the Office of the President and the entire executive department including the Department of Justice, the PNP, the NBI as well as the legislative department, especially the Senate, will choose to protect our people,” he said.

GMA News Online sought the comments of Remulla and Guevarra on Dela Rosa’s speech.

"I have nothing to say further. My statements are clear and understandable by everyone. The government has no legal duty to cooperate with the ICC. That’s consistent with the president’s POLICY," Guevarra said in a message.

"But we cannot stop the ICC prosecutor from investigating. That’s his mandate. He can interview anyone by phone, by email, through local organizations, even face to face if the subject consents to be interviewed. That is consistent with REALITY," the SolGen added.—RF, GMA Integrated News