Marcos execs in Duterte arrest to invoke sub judice rule

Upgrade to High-Speed Internet for only ₱1499/month!

Enjoy up to 100 Mbps fiber broadband, perfect for browsing, streaming, and gaming.

Visit Suniway.ph to learn

May 10, 2025 | 12:00am

MANILA, Philippines — The government will raise procedural issues, particularly the sub judice rule, in response to the complaint filed by Sen. Imee Marcos with the Office of the Ombudsman against officials over the arrest and turnover of former president Rodrigo Duterte to the International Criminal Court (ICC), Justice Secretary Jesus Crispin Remulla said yesterday.

Remulla said that in his meeting with his co-respondents, including his brother Interior Secretary Jonvic Remulla and Philippine National Police chief Rommel Marbil, they agreed to adopt a “common answer” for all procedural issues.

“That’s sub judice. (That is) why it is hard to answer something that is sub judice. There is no determination yet from the Supreme Court about what happened,” he told reporters.

He was referring to the proceedings before the Supreme Court where habeas corpus petitions have been filed in connection with Duterte’s arrest, questioning its legality.

Sub judice rule prohibits parties from commenting on legal proceedings to prevent interference or obstruction of justice.

Remulla, among other government officials, is facing complaints of arbitrary detention under Article 124 of the Revised Penal Code, usurpation of judicial functions under Article 241 of RPC, grave threats under Article 282 of the RPC, violation of Republic Act No. 7438 (the law that defines the rights of persons arrested, detained or under custodial investigation, as well as the duties of arresting, detaining and investigating officers), usurpation of official functions under Article 177 of the RPC and false testimony and perjury under Article 183 of the RPC.

These were filed by Senator Marcos, who had alleged that Duterte’s arrest was “illegal” and “politically motivated.”

The ombudsman had ordered the respondents of the case to file their answer to the complaint within 10 days, and Marcos can file a reply to their counter-affidavits within 10 days of filing.

Remulla said he and his co-respondents might ask for an extension to file their counter-affidavits, saying that “10 days is not enough.”

Duterte, 80, was arrested on March 11 and flown to The Hague, Netherlands, where he is now detained, to face a charge of crimes against humanity over his bloody war against illegal drugs that claimed the lives of thousands.

A confirmation of charges hearing, where prosecutor and defense first lay out their evidence, has been set for Sept. 23.

For the lead defense counsel of former president Duterte, the issue of jurisdiction is perhaps the most contentious surrounding the crimes against humanity case filed against him at the ICC.

In justifying his invitation for two of the three pre-trial chamber judges to “excuse” themselves from ruling on the jurisdiction issue, defense lawyer Nicholas Kaufman underscored the significance of their challenge to the jurisdiction of the international tribunal.

“The question of jurisdiction and the exercise thereof is a contentious – if not the most contentious – issue in the case. Deciding this matter in favor of the defense will have far-reaching consequences on the future of the situation. The ICC judiciary has already shown that it is divided on the issue,” Kaufman said in his 10-page submission on May 1.