The Senate Hearing: Former Philippines President Rodrigo Roa Duterte and the International Criminal Court (ICC)

Senator Imee Marcos took centerstage during the latest senate hearings on the arrest of former President Duterte by the ICC. It cannot be denied that she is one of the smarter senators among the present crop. Though not a lawyer, her cross-examination skills were on display.

BUT this is not the topic.

photo courtesy of: Senate of the Philippines facebook page

From a short segment of the hearing, Senator Imee can be seen trying to obtain conformity from Secretary Boying Remulla that it would have been simpler to just investigate and file cases against the former president within the country rather than hailing him to the Hague. From many angles, like case build-up, collecting, preserving evidence and presenting the evidence and witnesses at trial, she is correct. But Remulla was quick to say that the complainants and victims had the option where to file sand that the government has no control over this choice. Besides, these were filed with the International Criminal Court (ICC) were filed as early as 2017.

In trying to explain, Secretary Remulla may have hit the nail right on the head when he mentioned that many of the killings were not recorded in the police blotter while the death certificate in the others described the cause of death as cardiac arrest notwithstanding that the dead body bore gun shot wounds in the head. More importantly, he described that the prosecutors of the DOJ were under the influence of the police, suggesting that the cases cannot be investigated, filed or prosecuted. Somehow, there was a failure of the justice system and that was how the ICC came into play.

After Secretary Remulla described the situation at this time to be better because the police and the fiscals investigate the cases together, Senator Marcos pointed out that then, there is no need for the ICC, which Remulla deflected by saying that it is up to the complainants.

Procedurally, a complainant may file the case himself with the Prosecutor’s Office or with the municipal trial court. Or if further investigation is needed, he may file it with the law enforcement office. Of course, a law enforcement unit may conduct its own investigation

of a crime even without a complainant and then file it with the prosecutor’s office.

There is sense in what Senator Marcos suggested to line-up the as many cases against Mr. Duterte with the local courts. However, if the investigations against him are initiated by the NBI or the police, his supporters will political persecution. And maybe, the present administration is unwilling to go that path. On the other hand, no complainant might be brave enough to file a case for murder that would include the former president.

So, here lies the dilemma. That is why up to now, Mr. Duterte is not facing any case related to his drug war with any Philippine court.