SOJ Remulla says he will file motion seeking to resolve Ombudsman complaint

Justice Secretary Jesus Crispin Remulla said Tuesday he will file a motion asking the Office of the Ombudsman to resolve the complaint filed against him and others by Senator Imee Marcos over the arrest of former President Rodrigo Duterte.

“I'll be filing a motion to resolve the issue as soon as possible,” Remulla told reporters following his interview for the position of Ombudsman with the Judicial and Bar Council.

Marcos previously submitted to the Ombudsman a chairman's report of the Senate Committee on Foreign Relations on Duterte’s arrest and transfer to the International Criminal Court to face charges for crimes against humanity over the drug war.

The letter said the inquiry “uncovered acts by high-ranking government officials which very likely constitute criminal and administrative offenses.”

Clearance

Amid the complaint, Remulla said the Ombudsman has yet to give him a clearance for the JBC interviews and that he is still applying for it.

Supreme Court spokesperson Atty. Camille Ting said that a clearance is one of the requirements required under the rules of the JBC, meaning that the applicant has no pending administrative or criminal case.

“Well, because the Ombudsman himself or herself is the one who is prosecuting or investigating our government officials. So dapat ano sila— one of the qualifications is probity, so that means dapat of good moral standing and of good moral character sila,” she said.

She said Remulla and Philippine Charity Sweepstakes Office chairperson Felix Reyes do not have their clearance yet from the Ombudsman.

According to Ting, the two were given until the end of the deliberations for the shortlist to secure their clearance. She said this may be expected in the next few weeks. 

When asked what will happen if the two are not able to secure their clearance, Ting said:  “They cannot be considered as part of the nominated— I mean, hindi po sila ma-include sa (they won’t be included in the) shortlist.” 

Under the 2020 Revised Rules of the JBC, the following are disqualified from being nominated for appointment to any judicial post or position of Ombudsman.

• Those with pending criminal cases involving moral turpitude in the Philippines; 
• Those with pending criminal cases in foreign courts or tribunals;
• Those who have been convicted in any criminal case under penal laws or found guilty in a case which is criminal in nature, such as direct or indirect contempt

Earlier, Marcos said that she will oppose Remulla’s bid for Ombudsman. Remulla has declined to comment on this.

According to Ting, the public may file a complaint to the JBC regarding the applicants.

“They will collate lahat ng— meron silang psychological evaluation, ‘yung results ng written exams, ‘yung results ng interview, as well as result ng survey or any of the complaints,” she said.

She said that an applicant must secure four votes from the JBC to be included in the shortlist. 

The appointed Ombudsman will replace former Ombudsman Samuel Martires, whose term expired on July 27. They will serve a fixed term of seven years without reappointment.

The Office of the Ombudsman handles the complaints filed against high-ranking government officials and those occupying supervisory positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.

Duterte arrest

Duterte was arrested on March 11 this year at the Ninoy Aquino International Airport after arriving from Hong Kong.

The Justice Secretary said that the arrest was only part of the government’s job. 

He also stressed that the arrest had a basis in law, specifically Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.

“Trabaho po namin ‘yan eh, (That's our job) to keep the country stable, to prevent violence, to prevent the happening of any untoward acts, and I think we were able to peacefully bring him out abroad to face the charges against him without hurting anybody physically,” he said.

“I think that’s the most important thing. It’s the most peaceful way of doing what had to be done,” he added.

For its part, Malacañang has reiterated that the government followed the law and acted in cooperation with the International Criminal Police Organization or Interpol.

The former president is detained at The Hague, Netherlands.

His confirmation of charges will take place on September 23, 2025.

Based on government records, around 6,200 drug suspects were killed during the Duterte administration's anti-drug operations. Human rights organizations, however, say that the number may reach 30,000 due to the unreported related slays. — RSJ, GMA Integrated News