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House panels OK res for Ph coop with ICC
By Nidz Godino
"By allowing ICC to come, it's telling the world we have nothing to hide here," through overwhelming voice vote, officials and members of joint committee on justice and human rights adopted House Resolution 1477 of Manila 6th District Rep. Bienvenido Abante Jr. , 1-Rider party-list Rep. Ramon Gutierrez, and consolidated House Resolution 1482 of Albay 1st District Rep. Edcel Lagman.
Abante, also chairs committee on human rights of the House, said two committees of House of Representatives have approved and consolidated resolutions encourage President Ferdinand Marcos Jr. to allow Philippines to cooperate in International Criminal Court (ICC)'s probe into Duterte administration's war on drugs.
Executive Secretary Lucas Bersamin, meanwhile, did not think FMJ intended to have country rejoin ICC anytime soon.
Senators including Ronald dela Rosa, main enforcer of war on drugs when he was police chief, had "casual dinner" with the President and First Lady Liza Araneta Marcos at Malacañang. It was unclear if ICC issue was among main topics discussed.
Legislators filed resolutions last Nov. 21, aiming to allow ICC entry into the country.
Dela Rosa only wants to demonstrate country's justice system is functioning efficiently, contrary to claims made by some.
"We just want to show whole world and to ICC our justice system is running smoothly," Dela Rosa said.
Lagman, president of opposition Liberal Party and vocal critic of former president Rodrigo Duterte, maintained letting ICC in is not surrender of sovereignty but exercise of it.
"If we believe in rule of law, then we must let ICC come in," Lagman said.
He contended allowing ICC to investigate does not compromise national sovereignty.
Philippines withdrew its ICC membership in 2017 following investigation into alleged "crimes against humanity" related to casualties in government's war on drugs, as ordered by Duterte, whose term started in 2016 and ended middle of last year.
When FMJ said proposals to return to ICC are "under study," he does not mean country would be rejoining very soon, according to Executive Secretary Lucas Bersamin.
Bersamin believe Marcos' response only meant he did not want to give immediate answers to proposals for the country to rejoin ICC.
"Well, you cannot just close doors on these discussions, but I am sure what the President means is that it cannot be knee-jerk reaction that we can put forward anytime we are asked question like this," the executive secretary said.
He stressed while he could not second-guess the President in answering to these proposals, "in my view, as far as I know him, he does not mean we are going back to ICC very soon."
"But when Marcos says 'he is studying,' something you say you do not react too quickly…you have to look at the consequences, long-term effects," Bersamin said.
In making decisions, the President "listens to his own conscience, to his own heart, that is something we have to appreciate in him," according to former chief justice, noting FMJ is " very prudent leader and is not prone to rush to judgment."
"Personally, I do not see any reason for us to go back to ICC because Philippines already has functioning justice institution and that procedures are in place. ..if crimes are committed, government investigates, ICC is for lawless countries or lawless dictators…but we do not have dictator, we have democratically elected President," the executive secretary said.
Also, not all countries are members of ICC, Bersamin pointed out.
Meanwhile, Solicitor General Menardo Guevarra has reiterated Philippines has "no legal duty" to cooperate with ICC in its investigation of Duterte administration's bloody drug war.
" ICC can no longer exercise its jurisdiction after effectivity of Philippines' withdrawal from Rome Statute in 2019," Guevarra told reporters.
He issued remark in light of resolutions filed in Congress urging government to cooperate with ICC's investigation into drug war killings.
He said even if resolutions are adopted, they are only "non-binding expressions" of Congress' sentiment.
On issue of Philippines rejoining ICC as member-state, Guevarra said policy decision needs "very serious study because many factors and competing interests need to be considered."
Investigators from Hague-based ICC are free to come to the Philippines to investigate allegations of extrajudicial killings, but they cannot expect authorities to cooperate on basis that government has issues with regard to jurisdiction.
Guevarra made this crystal clear to members of House of Representatives who endorsed separate resolutions calling on Marcos administration to rejoin ICC.
"Your resolutions urge President to cooperate, but final say of whether, in fact, government will cooperate will be with the President …we will not cooperate, but we will not stop ICC investigators from doing their job" country's chief government lawyer, served as Department of Justice secretary and deputy executive secretary during Duterte's term said.
Senior Deputy Speaker Aurelio Gonzales Jr. respects opinion of Dela Rosa, PNP chief when Duterte took over reins of government in mid-2016.
"We respect his opinion, but we ask for parliamentary courtesy…as he very well knows, House is mandated to act on resolutions filed by its members regardless of political affiliations in the same manner Senate takes action on measures presented by senators," Gonzales added.
Department of Justice is open and waiting for legal opinion on ICC issue Vice President Sara Duterte-Carpio said she would send to DOJ.
"We will include her note and comments therein as part of considerations and study, issue is multi-faceted, and we must see things from a holistic perspective. In all this discussion, let us not forget that the goal is to attain justice for victims of extrajudicial killings. Plain and simple," DOJ spokesman Mico Clavano said.
Duterte would urge DOJ not to cooperate in ICC's investigation, saying her office would continue to assert its position and would lay down their legal basis.
Vice President, however, maintained position of Marcos on the issue should be respected.
ICC decided to resume its inquiry into Philippines' war on drugs last January.
Senators Ramon Revilla Jr. and Bong Go posted on their official social media accounts pictures of dinner held at Bahay Pangulo.
Senate President Juan Miguel Zubiri joined dinner with Senate President Pro Tempore Loren Legarda; Senate Majority Leader Joel Villanueva; Senators Imee Marcos, Sonny Angara, Jinggoy Estrada, Raffy Tulfo, Lito Lapid, Alan Peter Cayetano, Pia Cayetano, Mark Villar, JV Ejercito, Francis Tolentino, Nancy Binay, Grace Poe, Cynthia Villar with her husband former Senate president and entrepreneur Manny Villar, Revilla, Go and Dela Rosa.
Former Senator Leila de Lima said individuals against Philippines rejoining ICC are primarily serving interests of former President Rodrigo Duterte.
The former justice secretary said rejoining ICC is "right thing" to do, saying 2019 withdrawal was "questionable" for it "served interests of one man."
"Here we are, dahil may isang taong gustong umiwas sa accountability, bigla niyang winithdraw so anong problema ngayon sa pagbalik natin which is right thing to do?" De Lima said in interview with reporters after court hearing at Muntinlupa Regional Trial Court Branch 206.
De Lima is hopeful government will have "positive" stance toward rejoining tribunal.
Before her arrest on Feb. 24, 2017, De Lima had spent decade investigating "death squad" killings allegedly orchestrated by Duterte during his time as Davao City mayor and in early days of his presidency.
As Duterte and his allies sought to silence De Lima, she was ousted from Senate and imprisoned on three drug trafficking charges. Two of the charges have been dismissed.
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