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MANILA, Philippines — Justice Secretary Jesus Crispin “Boying” Remulla said he is ready to appear before the Supreme Court if necessary in the petitions challenging the legality of former President Rodrigo Duterte’s arrest.
After the Solicitor General recused itself from the habeas corpus cases, maintaining that the ICC should not have exercised jurisdiction over the Philippines, the Department of Justice (DOJ) has taken over as the government’s legal representative.
Speaking at the Kapihan sa Manila Bay forum on Wednesday, March 19, Remulla said the DOJ is already making preparations. It submitted its comment on the consolidated petitions yesterday, arguing that it is “moot” since the government no longer has physical custody of Duterte.
“Of course we’re always prepared. We cannot go there unprepared. We have to respect the standing of the Supreme Court,” he said.
Asked if he would personally appear before the Supreme Court, Remulla said: “If I have to, I will do it.”
Petitions filed by Duterte’s children seek his return to the Philippines, arguing that his arrest was unlawful and that the government’s “cooperation” with the International Criminal Court (ICC) is unconstitutional.
RELATED: LIST: Petitions filed to halt ICC arrest of Duterte, gov’t cooperation
However, the DOJ and Malacañang have repeatedly stated that Duterte was not turned over to the ICC as part of any cooperation with the tribunal.
They explained that authorities acted upon a notification from the International Criminal Police Organization (Interpol) regarding the ICC-issued arrest warrant, in line with the Philippines’ commitments to Interpol.
RELATED: Marcos: Nothing unlawful, political about Duterte’s arrest
ICC has jurisdiction before withdrawal
Article 127 of the Rome Statute — the treaty that established the ICC — states that a country's withdrawal does not remove the tribunal’s jurisdiction over the period of membership.
This means the ICC can still investigate, prosecute and try alleged crimes committed while a nation was a state party, as in Duterte’s case.
The Supreme Court reinforced this in its 2021 ruling in Pangilinan vs. Cayetano, which stated that the “withdrawal from the Rome Statute does not affect the liabilities of individuals charged before the ICC for acts committed” up to when the withdrawal took effect on March 17, 2019.
Remulla cited the same jurisprudence. “Lumalabas talaga diyan ang pag-iisip ng mga tao sa korte noong panahon na ‘yun ay saklaw, saklaw ng jurisdiction ng ICC ang Pilipinas hanggang dumating yung araw na yun nung 2019,” he said.
(It really shows that the thinking of the people in the court at that time was that the ICC’s jurisdiction covered the Philippines until that day in 2019.)
He also cited Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which allows Philippine authorities to forgo an investigation or prosecution if another court or international tribunal is already handling the case.
“Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties,” the law reads.
Remulla acknowledged that while it may be easy to dismiss the ICC’s investigation, encountering the “victims of injustice” could change perspectives.
“Hindi natin kailangan na sundin ang bawat alituntunin ng utos niyan. Ang mahalaga may paggalang sila sa atin at may paggalang tayo sa kanila,” he added.
(We don’t need to follow every rule of that order. What’s important is that they respect us, and we respect them.)
RELATED: 'Bring PRRD home'? Remulla says Duterte's transfer to ICC a 'done deal'
Duterte was arrested by Philippine authorities on March 11 upon his return from Hong Kong. By March 12, he had been transferred to the ICC’s custody in The Hague, Netherlands.
He made his first appearance before the ICC’s Pre-Trial Chamber I on March 14, where he was informed of his rights and the crimes against humanity charges against him linked to the extrajudicial killings during his “war on drugs” and tenure as Davao City mayor.
His confirmation of charges hearing is scheduled for September 23.
