Senators say case vs. Duterte can push through despite PHL’s withdrawal from ICC

Several senators on Wednesday said the cases filed against President Rodrigo Duterte before the International Criminal Court (ICC) will push through despite the country's withdrawal from the treaty.

Citing Article 127 of the Rome Statute, Minority Leader Franklin Drilon said the withdrawal will have no effect on the ICC's investigation of the charges leveled against Duterte.

Under the said article, "[W]ithdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings."

It also said the withdrawing country "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."

Drilon believes the ICC's impending review of the allegations against Duterte related to his war on illegal drugs prompted the withdrawal.

"The crucial issue here is what happens to the preliminary examination and I think that was prompted the withdrawal, if I can read Malacanang," he said.

Last month, the ICC's Office of the Prosecutor announced that it would begin its preliminary examination on the alleged extrajudicial killings associated with the government’s anti-illegal drugs campaign, which kicked off on July 1, 2016.

The preliminary examination is a procedure conducted by the ICC to determine whether the case falls under its jurisdiction.

Senator Francis Pangilinan shared Drilon’s opinion that the withdrawal by the Philippines as a party to the treaty would not prevent the ICC from proceeding with the case.

Senator Francis Escudero also said that as per the Rome Statute, a withdrawal from the ICC shall only take effect one year from the receipt of notification.

Senate President Aquilino Pimentel III, a Duterte ally, likewise said the ICC can continue with its investigation.

"Sa pagkaintindi ko ganun, tuloy pa rin ang investigation. Kahit member or non-member, bahala na sila. In effect ang sinasabi ng Pilipinas, we don’t want to have anything to do with you kasi may abuse of discretion kayo," he said.

Pimentel said he supports Duterte's move. "If I were president, baka ginawa ko rin 'yun," he said.

He said what Duterte did was just enforce the law in his drug war.

"This is law enforcement. Sa mata ng Presidente, nung nagkakampanya pa siya, the main problem is law and order. Ano root cause ng deterioration, sa mata niya drugs ang dahilan," he said.

"Validated by the people, he won the election. He will now enforce the law."

For his part, Senator Antonio Trillanes IV, one of the complainants before the ICC, said the withdrawal has no legal effect on the cases already filed against Duterte.

"The effectivity of the withdrawal is only a year after the notification. Therefore, all his offenses committed as documented in the Atty. Jude Sabio communication, as well as our own communication, which I filed together with Cong. Gary Alejano, and offenses which he may yet commit up to a year from now are still covered by the ICC,” he said in a press statement.

He also said the withdrawal is tantamout to admission that Duterte is guilty of the allegations.

"First, he said that he is willing to be jailed for what he has done. Then, he said that the ICC has no jurisdiction and that he has not committed any crime against humanity. Now, Duterte, by withdrawing from the ICC, has practically admitted that he is guilty of the allegations filed against him," Trillanes said.

He added Duterte just wanted to have his way out. "This is but a political move by Duterte because he knows that there is no way out for him in the ICC."

Trillanes dared the President to man up and face the accusations hurled against him.

Senator Joel Villanueva said he would advise the President to reconsider the move and face the process of the ICC.

“It sends a wrong message to the international community on the political state of the country,” he said in a text message to GMA News Online.

He added: “We’re confident that this government is not hiding anything.”

Senator Panfilo Lacson believes the President was already fed up and “he cannot see any fair treatment from the ICC based on the Rome Statute.” He, however, said he still wants to hear the explanation of Duterte on the matter.

"We should at least wait for him to clarify ang kanyang action taken. Kasi siguradong may reason siya for withdrawing,” he said.

Senator Manny Pacquiao said he supports Duterte's move.

"Kung anuman ang desisyon ng Pangulo respetuhin natin," he said. "Pero pag aralan natin kung ano ang maiaambag natin na makatulong tayo, maka-suggest tayo. Pero kung ito ay sa tingin natin ikakaganda ng ating bansa, ikakabuti ng ating bansa, why not?" —KBK/BM, GMA News