DOJ 'more than sufficient’ to defend gov't on Duterte siblings petition— Remulla

The Department of Justice (DOJ) is more than sufficient to defend the government on the consolidated petition filed by the Duterte siblings seeking the release and return to the country of former President Rodrigo Duterte, Justice Secretary Jesus Crispin Remulla said Wednesday.

“The DOJ will be more than sufficient to defend the position of the republic in this matter. I think it’s time to assert our identity as the lawyer of the people in this case,” Remulla said at the Kapihan sa Manila Bay.

Remulla previously announced that the DOJ received authorization from Executive Secretary Lucas Bersamin to represent the government following the recusal of the Office of the Solicitor General (OSG).

In its motion to recuse, the OSG said it “may not be able to effectively represent Respondents in these cases” due to its firm stance that the International Criminal Court (ICC) has no jurisdiction over the Philippines.

For Remulla, there is nothing to “make a big deal of.”

“He has recused himself so we will take up his slack. I don’t think that there is anything to make a big deal of considering the personal reason,” he said.

“We will just move on from there and defend the case from the SC if there will… be oral arguments,” he added.

This is in connection with the petition filed by Veronica "Kitty" Duterte, Davao City Mayor Sebastian "Baste" Duterte, and Davao City Representative Paolo "Pulong" Duterte for a writ of habeas corpus to direct the government to produce the body of the former president before the SC.

They argued that Duterte should not have been arrested based on an arrest warrant issued by the ICC.

Meanwhile, when sought for comment on former presidential spokesperson Harry Roque invoking Article 59 of the Rome Statute, which established the ICC, Remulla said this was irrelevant.

Citing Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, the Justice Secretary said the Philippine government took “executive action” in the surrender of Duterte.

Section 17 of RA 9851 states that the Philippines may dispense with the investigation or prosecution of a case “if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime. Instead, the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court.”

“Walang kidnap dito. There was no kidnap. It was an executive action to surrender a person with a warrant to the ICC, through the Interpol,” he said.

He also criticized the Duterte camp for citing the Rome Statute as it was under the Duterte administration that the country pulled out of the ICC.

“Sila nga nag-withdraw sa ICC sabay isa-cite nila doon. Well, we still go by the principle of comity that we still respect the ICC… Ginagalang natin ‘yan pero hindi natin kailangan na sundin ang bawat alituntunin at utos niyan,” he said.

(They withdrew from the ICC and then they will cite it. Well, we still go by the principle of comity that we still respect the ICC… we respect the ICC but we don’t need to follow its every order.)

“Ang mahalaga, may paggalang sila sa atin at may paggalang tayo sa kanila,” he added. 

(The important thing is we respect them and they respect us.)

Meanwhile, when asked about calls to rejoin the ICC, Remulla said it was “beyond [him].”

“The President is the architect of foreign policy. I will not, in any way, try to assert any personal view of mine,” Remulla said.—AOL, GMA Integrated News