Ombudsman: Up to the ICC to push through with case vs. Duterte

Ombudsman Conchita Carpio Morales on Tuesday said it is up to the International Criminal Court (ICC) to decide whether it will hear a case against President Rodrigo Duterte after a complaint was recently filed against him.

"It is up to the ICC if it gives due course to the complaint of Mr. [Jude] Sabio. Nasa kanila 'yan. I wouldn't be thinking if they might or might not. It's up to them," Morales told reporters in a press briefing on Tuesday.

"It's up to the ICC to determine if the requirements for filing a case in the ICC have been met," she added.

Morales pointed out that the international court can only "complement" Philippine laws.

Much like the Supreme Court, the ICC is a court of last resort, meaning it cannot replace the national courts. A case can only be filed with the ICC only if all legal means have already been exhausted in the country's court.

"[I]f they [ICC] believe that the Philippine government is doing something to control or to pass upon complaints respecting the subject of the complaint of Matobato, then probably the ICC will not move because it is supposed to complement only," Morales said.

Sabio, counsel for self-confessed hitman Edgar Matobato, on Monday filed a complaint against Duterte and several other senior officials in the government at the ICC for allegedly committing crimes against humanity.

In his 77-page complaint, Sabio said Duterte "repeatedly, unchangingly and continuously" committed crimes against humanity and that under him, killing drug suspects and other criminals has become "best practice."

Matobato's Ombudsman complaint

Meanwhile, Morales said her office has not yet terminated its probe on Matobato's complaint against Duterte.

"Matobato, I think, has been summoned and he showed up in the office so his testimony has been recorded," Morales revealed.

"In other words, his case is still pending investigation," she added.

Matobato filed the said complaint against Duterte and 27 others last December over their alleged involvement in the so-called Davao Death Squad (DDS).

Matobato, charged the Duterte with murder, kidnapping, violation of Republic Act No. 9745 or the Anti-Torture Act, and violations of R.A. No. 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity. — BM, GMA News