House reso opposing ex-Pres Duterte's interim release, repatriation filed
Representatives Antonio Tinio of ACT Teachers party-list and Renee Co of Kabataan party-list filed House Resolution 9 on June 30.
Tinio and Co said Duterte's detention is anchored on domestic law, Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, which states that '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.'
They said RA 9851 also states that the authorities may surrender or extradite suspected or accused persons in the Philippines to the appropriate international court, if any, or to another State pursuant to the applicable extradition laws and treaties.'
At the time of Duterte's arrest on March 11, there were no pending charges against him before Philippine courts.
However, the International Criminal Court has been investigating Duterte and other top officials of his administration for crimes against humanity over the alleged systematic drug war deaths in police operations.
'The House of Representatives, as the duly elected representatives of the Filipino people, must stand in solidarity with victims of human rights violations especially those committed by actors of the State itself, in the pursuit of justice and accountability, the basic tenets of a democratic and humane society,' the resolution read.
'Now, therefore, be it resolved, as it is hereby resolved, that the House of Representatives oppose any and all efforts for the interim release and repatriation of Rodrigo Roa Duterte from The Hague, The Netherlands,' it added.
The lawmakers also invoked Article 127, Paragraph 2 of the Rome Statute which states that '[A State Party's] withdrawal will not affect any cooperation with the [ICC[ Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective.'
The Philippines withdrew from the Rome Statute in March 2018, but it only took effect a year later in March 2019.
Further, the lawmakers cited the Supreme Court decision in the Pangilinan v. Cayetano case in 2021 which states that "the International Criminal Court retains jurisdiction over any and all acts committed by government actors until March 17, 2019. Hence, withdrawal from the Rome Statute does not affect the liabilities of individuals charged before the International Criminal Court for acts committed up to this date.'
'Most notable of the reasons for Mr. Duterte's continued detention is the false narrative purveyed by his family, allies, and supporters that he was "kidnapped" or "abducted", thus attempting to discredit the grounds and process of his arrest in the first place,' the lawmakers said.
Given Duterte's insistence on being abducted, Tinio and Co said the former president is clearly refusing to accept the legitimacy of ICC and its legal proceedings against him, making him a flight risk.
'A [supposed] victim of a kidnapping is unlikely to return to the custody of the kidnapper if given an opportunity to escape. Mr Duterte, his family, vocal supporters, and counsel all consider him a victim of a kidnapping/abduction,' the lawmakers said.
'Wherefore, be it further resolved, that the House of Representatives also support the continued detention of Mr. Duterte by the ICC, with the goal of ensuring that justice be exacted for the victims of his bloody war on drugs,' they added. —AOL, GMA Integrated News
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