Ombudsman tells Remullas, Marbil to answer allegations over Duterte arrest

The Ombudsman has ordered Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Philippine National Police (PNP) chief Rommel Marbil, and two others to answer the criminal and administrative allegations against them over the arrest of former President Rodrigo Duterte in March.

Acting on the chairperson's report of the  Senate Committee on Foreign Relations that Sen. Imee Marcos sent, the Ombudsman directed the officials to answer the allegations of arbitrary detention, usurpation of judicial functions, usurpation of authority or official functions, and false testimony.

The others also ordered to reply were Special Envoy on Transnational Crime Markus Lacanilao and Criminal Investigation and Detection Group Police Maj. Gen. Nicolas Torre.

In another order, the officials were also told to answer the complaint for grave misconduct and conduct prejudicial to the best interest of the service.

GMA News Online has reached out to the officials and will publish their comments once they are available.

“Failure to file Counter-Affidavit within the aforesaid period shall be deemed as waiver of respondents' right to submit controverting evidence and the preliminary investigation shall proceed accordingly,” the Ombudsman order dated May 6 and signed by Nellie Golez said. 

The Senate committee, chaired by Imee Marcos, recommended arbitrary detention and grave threat, usurpation of judicial functions, giving false testimony, and perjury among the criminal complaints to be lodged against the officials.

The administrative complaints, on the other hand, include grave misconduct and conduct prejudicial to the best interest of the service.

On the basis of an arrest order issued by the Hague-based International Criminal Court (ICC), Duterte was arrested on March 11 at NAIA, right after arriving from Hong Kong. He has been accused of crimes against humanity due to the thousands of deaths in his drug war.

Republic Act 9851 or the Act on the Crimes against International Humanitarian Law, Genocide, and  Crimes Against Humanity allows the Philippine government to defer probes into alleged crimes against humanity to an international court already conducting an inquiry on the same.

Likewise, a July 2021 Supreme Court ruling also mandates the Philippine government to cooperate with ICC proceedings provided that the alleged crimes were committed during the time that the Philippines was still a signatory to the ICC.

The Philippines, with Duterte as President, announced its withdrawal from the Rome Statute which established the ICC on March 14, 2018.

The withdrawal took effect a year later on March 14, 2019. — BM/NB, GMA Integrated News