THE House joint committees on justice and on human rights yesterday adopted a resolution urging the government to cooperate with the International Criminal Court’s (ICC) investigation on former president Rodrigo Duterte’s war on drugs amid the ongoing word war between the leadership of the House of Representatives and the former chief executive.
The joint panel adopted House Resolution No. 1477, which Manila Rep. Bienvenido Abante filed with Rep. Ramon Rodrigo Gutierrez (PL, 1-Rider), in consolidation with House Resolution Nos. 1393 filed by the militant Makabayan bloc, and HR No. 1482 filed by Albay Rep. Edcel Lagman.
Abante, who chairs the House Committee on Human Rights, and Bukidnon Rep. Jonathan Keith Flores, a vice chair of the Committee on Justice, approved the separate motions for the adoption of the resolution after lengthy discussions on whether the ICC has jurisdiction over the country since the ex-president unilaterally ordered the Philippines’ withdrawal from the Rome Statute in 2018.
The human rights panel chair said the resolution “is not just about the international community; it is about standing up for the rights and dignity of our own citizens.”
He said it also seeks to protect the rights of the accused and give them a day in court. “Keep in mind that this resolution is also about protecting the human rights of those being investigated – their right to due process, their right to be innocent until proven otherwise,” Abante said in his opening speech.
Abante said cooperating with the ICC “is upholding the rule of law” and doing so even with the country’s withdrawal from the Rome Statute “would demonstrate that no one is above the law, and we are accountable for our actions.”
“This is about principles, not personalities. Rule of law is a sacrosanct principle, even the country’s Supreme Court said, and I quote, that the ICC retains jurisdiction on any and all acts committed by government actors until March 17, 2019,” he said.
Lagman was the one who moved to adopt the resolution on the part of the Committee on Human Rights, while Ako Bicol Rep. Raul Angelo Bongalon did it for the Committee on Justice.
Considering the filing by Sen. Risa Hontiveros of Senate Resolution No. 867, Lagman, a veteran lawyer-lawmaker, asked the joint panel “to coordinate with Senator Hontiveros, so we could transform our respective resolutions to a concurrent resolution.”
ONLY PBBM
During yesterday’s joint hearing, Solicitor General Menardo Guevarra told lawmakers that only President Marcos Jr. can decide if the Philippines will cooperate with the ICC regardless if the House and the Senate would pass a resolution calling for it.
“Your resolutions urge the President to cooperate, but the final say of whether in fact the government will cooperate will be with the President,” he told the joint panel.
The SolGen, who served as justice secretary under the Duterte administration, made the statement after he was asked how the President would respond if the resolution is approved by both Houses of Congress.
“Yours is an expression of sentiment. That is how you feel about it. (But) it depends on the final decision of the President, whether he will grant your request. Nasa kanya po iyon (It’s up to him),” he said.
Guevarra said the President has to be the one to make the political decision: “The President has said we cannot give our cooperation with the ICC prosecutor several times, but if he will think twice because of these resolutions, siya po ang magde-decide ‘nun (He’ll be the one to decide).”
He said the Philippine government “has no legal duty to cooperate” with the probe since the ICC’s Pre-Trial Chamber only granted the prosecutor’s request to conduct preliminary investigation in September 2021, more than two years since the country’s withdrawal from the ICC took effect in March 2019 or a year after it notified ICC of the withdrawal.
Lawmakers started hearing the resolutions amid the continuing conflict between the House and the Vice President and her father over the move of congressmen to strip the Office of the Vice President (OVP) of confidential funds.
The former president, who is being investigated by the ICC for the summary executions of suspected drug dealers and innocent individuals who were killed in his war on illegal drugs, has been attacking the House leadership and accusing Romualdez of trying to ease out his daughter this early for being a “good presidential candidate” in 2028.
Last week, Vice President Sara Duterte slammed the House leadership for hearing the resolutions urging the government to cooperate with the ICC in pursuing its investigation on her father, former president Rodrigo Duterte, saying that congressmen have to respect the stand that the President has taken against it.
The joint panel deferred the hearing last week pending Lagman’s resolution, which seeks to verify if the body has jurisdiction over the country since the Duterte administration withdrew from the ICC’s Rome Statute on March 17, 2018.
Lagman has said the jurisdiction of the ICC covered crimes committed in the Philippines that took effect on November 1, 2011 after the Philippines acceded to the Rome Statute and the withdrawal became effective only a year after its filing, specifically on March 17, 2019.
Consequently, Lagman said the jurisdiction of the ICC on covered crimes committed in the Philippines spans the period from November 1, 2011 to March 16, 2019.
Rep. Arlene Brosas (PL, Gabriela), a member of the Makabayan bloc, which was the first group of lawmakers to file the resolution, said it is the State’s “responsibility to ensure that it upholds our Constitution.”
“While the deaths of thousands of people during ex-President Duterte’s war on drugs can never be undone, the fight to seek justice for these slain people still remain. From 2011 to March 2019, the Philippines was still part of the Rome Statute of the International Criminal Court, and any and all acts done during this period is under the ICC’s jurisdiction. In a 2021 Decision, no less than the highest tribunal of our country, the Supreme Court, recognized the Philippines’ commitment to meet its obligations under the Rome Statute. The withdrawal of the Philippines from the Rome Statute does not remove ICC’s jurisdiction over the actions done by the Philippines prior to such withdrawal,” she said.
Until now, Brosas said, there have been no genuine prosecution of state agents or officials who are responsible for the extrajudicial killings in the elder Duterte’s war on drugs, which, she said only means that the Philippine justice system “has not been working for this Tokhang victims – it has not been working for them from the start of police operations.”
RISA RESOLUTION
Former Senate President Franklin Drilon yesterday said he supports the resolution filed by Hontiveros urging the government to cooperate with the ICC on its in vestigation on the bloody war on drugs under the Duterte administration.
In a statement, Drilon said the cooperation will show that the government upholds human rights and justice.
“I laud and support Senator Hontiveros’ resolution. We must adhere to our international legal obligations,” the former four-term senator and justice secretary said.
“Former President Duterte may have successfully and unilaterally closed the door to the ICC, but President Marcos now has the power to unlock it,” Drilon said.
Drilon also cited the ruling of the Supreme Court in the case of Pangilinan v. Cayetano, in which the Court asserted that a withdrawing state remains obligated to fulfill its obligations under the ICC Statute, including financial commitments and cooperation in ongoing investigations and proceedings.
“Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective,” said Drilon in citing the SC’s ruling.
Drilon earlier said that President Marcos has the legal authority to allow the Philippines to rejoin the ICC without the need for Senate concurrence.
“In my view, the concurrence of the Senate is not necessary for the Philippines to rejoin the International Criminal Court (ICC). The Philippines can rejoin the ICC without returning to the Senate. The President can rely on the original resolution or ratification, as it remains valid and in effect,” Drilon said.
Hontiveros said her resolution does not zero-in on any individual but rather about “the thousands of widows and orphans of the extrajudicial killings during the war on drugs.”
She made the remark as Sen. Ronald dela Rosa, on Tuesday afternoon, said he was slighted by the resolution as he has close relationship with her deceased husband.
Hontiveros said the resolution is all about giving justice to the victims and their families in the war on drugs by the Duterte administration.
“And it’s all about accountability of government or the state to them,” she said in an interview with ANC.
Senate President Juan Miguel Zubiri, during Wednesday’s session, said the resolution filed by Hontiveros was referred to the Committee on Rules, headed by majority leader Joel Villanueva.
Hontiveros said she expects a fair hearing of the resolution.
Meanwhile, the social advocacy arm of the Catholic Bishops Conference of the Philippines (CBCP) backed calls in Congress to rejoin the ICC.
“The Philippine government has a responsibility to its citizens to uphold the rule of law and protect human rights,” said Caritas Philippines Executive Director Fr. Antonio Labiao in a statement.
“Rejoining the ICC would send a strong message that the government is serious about accountability and justice for all,” he added.
Aside from the Marcos administration, Caritas Philippines said they are making similar calls to Congress and the Supreme Court to also favor the Philippines’ rejoining the ICC.
“The legislative and judicial branches of government have a crucial role to play in ensuring that the Philippines upholds its international obligations and protects the rights of its citizens,” said Labiao. — With Raymond Africa and Gerard Naval
