DOJ: No defiance of Marcos in Rodrigo Duterte arrest

The Department of Justice (DOJ) did not defy President Ferdinand "Bongbong" Marcos, Jr., in serving the International Criminal Court (ICC) warrant of arrest on former President Rodrigo Duterte on March 11, Justice Secretary Jesus Crispin Remulla said on Tuesday.

Remulla made the response when asked by Sagip party-list Representative Henry Marcoleta if the DOJ chief’s go signal to serve the arrest warrant on Duterte over alleged crimes against humanity due to drug war killings was contrary to the President’s position that the Philippines will not cooperate with ICC proceedings.

“Us working in the government, we make a lot of decisions everyday. And they are not cast in stone. These decisions can change in due time, at certain times. Marahil, nagbago po ang aming pagtingin sa usaping ito,” Remulla said during the House appropriations panel deliberations on the DOJ’s proposed P40 billion budget for 2026.

"Hindi po tayo tumaliwas [sa Presidente]. Marahil ho, nagbago rin ang lahat sa kanyang paningin. As I have said, not everything is cast in stone. Nung dumating po ‘yung pagkakataon na talagang andun na ho ang Republic Act 9851, at lahat po ng factor tinitingnan po natin sa security po ng ating bansa...basta sa akin po, ang aking clearance na binigay ay sa legal basis ng kanyang pagpunta sa The Hague,” Remulla added

Republic Act 9851 is the Act on the Crimes Against International Humanitarian Law, Genocide, and Crimes Against Humanity.

The said law reads, “In the interest of justice, the relevant Philippine authorities may dispense with the investigation or prosecution of a crime punishable under this Act if another court or international tribunal is already conducting the investigation or undertaking the prosecution of such crime.”

A July 2021 Supreme Court ruling also mandates the Philippine government to cooperate with ICC proceedings if the alleged crimes were committed while the Philippines was a signatory to the ICC.

Marcoleta then asked if the 80-year-old former President Duterte is considered security risk, given the ex-leader's advance age, Remulla deferred the question to the National Security Council (NSC).

"That query is best addressed to the NSC on their evaluation of the situation then,” Remulla added. — BM, GMA Integrated News