PNP recalled subpoena vs. Bato Dela Rosa over EJKs — lawyer

The Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) has recalled the subpoena it issued against Senator Ronald “Bato” Dela Rosa in connection with alleged extrajudicial killings, the senator’s lawyer said Wednesday.

“Ngayon lang, five minutes ago, nirecall ‘yung subpoena. Na-receive lang ng aking associate ‘yung recall ng subpoena doon sa Senado. Ni-recall ng CIDG ‘yung supposedly investigation of alleged crimes committed by Senator Bato,” lawyer Israelito Torreon said in an interview on Super Radyo dzBB.

PNP spokesperson Police Brigadier General Randulf Tuaño confirmed that the CIDG has recalled the subpoena earlier issued to Dela Rosa.

Tuaño said CIDG personnel delivered the recall letter for the subpoena duces tecum to Dela Rosa’s office at the Senate on Wednesday morning.

“Kaninang umaga, dala ng mga personnel ng CIDG yung letter of recall ng subpoena duces tecum at supposedly ipapa-receive ito kay Senator Bato sa kanyang opisina sa Senado,” Tuaño told reporters.

(This morning, CIDG personnel brought the letter recalling the subpoena duces tecum and were supposed to have Senator Bato receive it at his office in the Senate.)

A subpoena duces tecum is a legal order directing a person to appear and produce documents, records, or other evidence relevant to an investigation or legal proceeding.

Tuaño said the document was instead received by the senator’s staff because Dela Rosa was not physically present at his office.

He said the move stemmed from discussions between PNP chief Jose Melencio Nartatez Jr. and CIDG director Robert Morico II to respect the Senate’s protection order for Dela Rosa.

Despite the recall, Tuaño said the CIDG investigation would continue.

Dela Rosa recently sought support from police officers and soldiers in case President Ferdinand Marcos Jr. rejects his appeal to stop his possible transfer to the International Criminal Court (ICC) in The Hague, Netherlands, following the arrest warrant issued against him.

Tuaño said the PNP remains “professional and apolitical.”

“Nananatili tayo, sinasabi nga ni Chief PNP, na ang Philippine National Police ay isang propesyonal at apolitical na organization. Hinding-hindi kami makikisali sa anumang usaping pampolitika,” he said.

(We maintain, as the Chief PNP says, that the Philippine National Police is a professional and apolitical organization. We will never get involved in any political matter.)

Asked whether Dela Rosa’s remarks could be considered rebellion, Tuaño said authorities currently view the statement as an expression of frustration.

“Sa ngayon, wala kaming nakikitang paglabag sa batas at hahayaan natin na i-validate pa rin ng ating legal team kung sakaling may paglabag,” he said.

(At this point, we do not see any violation of the law, and we will allow our legal team to validate if there is any possible violation.)

The PNP earlier said it would serve a subpoena related to the House Quad Committee investigation into alleged killings during Dela Rosa’s tenure as Davao City police director and later as Davao regional police chief.

Meanwhile, Torreon said the senator would no longer appear before the PNP-CIDG since the subpoena had already been recalled.

Dela Rosa thanked PNP-CIDG for recalling the subpoena.

"Yes, kanina nasa opisina ako nung nag-report sakin ang abogado ko na tinanggap nya ang letter from NBI CIDG na nire-recall nila ang subpoena," dela Rosa told "BaliTanghali".

(Yes, my lawyer told me earlier that he received a letter from the PNP-CIDG recalling the subpoena.)

"Salamat naman para hindi ako bbyahe dyan dahil naka-kustodiya ako sa Senado," he said.

(I am thankful to the CIDG for that. I won't have to travel while I am under the Senate custody.)

Dela Rosa is currently under the protective custody of the Senate after the International Criminal Court (ICC) unsealed an arrest warrant against him for the alleged crime against humanity of murder in connection with the Duterte administration’s war on drugs.

The warrant covered incidents allegedly committed between July 2016 and April 28 that resulted in the deaths of at least 32 individuals in the Philippines.

The senator has also filed a new manifestation before the Supreme Court seeking immediate judicial protection.

On Tuesday, Dela Rosa appealed to President Ferdinand Marcos Jr. not to surrender him to the ICC and allow him to be flown to The Hague in the Netherlands. —with reports from Sundy Locus, MCG/ VAL, GMA News