Metro Manila, Philippines – The Department of Justice (DOJ) said it will “act in deference” to the Supreme Court ruling on petitions against the arrest of former President Rodrigo Duterte, particularly if arrest warrants were to be issued against his co-perpetrators in International Criminal Court case on the crimes against humanity for murder in the drug war.
In a news conference on Wednesday, Feb. 18, Justice spokesperson Polo Martinez said the DOJ will await the court decision before acting upon possible warrants against the eight personalities.
Sen. Ronald “Bato” dela Rosa, who has been absent in the Senate since November, Sen. Christopher Lawrence “Bong” Go, former Justice Secretary Vitaliano Aguirre II, and other former high-ranking authorities were in the ICC Office of the Prosecutor list.
Martinez cited the “interplay of different things” as the country is no longer a member of the Rome Statute that formed the ICC, but is still a member of the International Criminal Police Organization or Interpol.
The executive department has also the prerogative for extradition or surrender for those with an arrest warrant from an international court or tribunal, under Republic Act 9851.
Martinez said the high court may specify consequences should the state disobey a possible decision in favor of Duterte’s kin, who filed habeas corpus petitions against the former president’s continued detention in The Hague, Netherlands.
“What we can say is if the Supreme Court decides upon an issue, then we will have to comply. That is the whole reason bakit natin hinihintay [why we are waiting] and why we deem it prudent for the Supreme Court to resolve this matter first before acting on anything,” he told reporters.
“Let’s remind everyone wala pa pong [there is still no] warrant. Also we don’t know if one will actually be issued,” he said.
Martinez also clarified that the DOJ is not preparing for eventual arrests because “that will be speculative,” stressing that the agency is respecting the rights of all individuals.
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In a statement on Tuesday, the Office of the Solicitor General (OSG) confirmed filing a memorandum praying for the SC to exercise judicial restraint and dismiss the petitions to prevent violations of international obligations.
In its Jan. 5 document, the OSG argued that further action from the high court would constitute an “impermissible encroachment” on the executive’s prerogatives in handling foreign relations or policies.
The government said around 6,000 people were killed during the bloody anti-drug campaign, but human rights groups claim higher figures.
