Former President Rodrigo Duterte’s legal counsel argued that his arrest was illegal, stating the International Criminal Court (ICC) did not follow due process and does not have jurisdiction over the Philippines.
“Nagtataka ako, paano magkaroon ng warrant of arrest? Hindi man siya na-charge, hindi man siya binigyan ng pagkakataon na sagutin ‘yung mga charges against him,” Silvestre Bello III, former labor secretary, told DZRH in an exclusive interview.
(I’m wondering, how could there be a warrant of arrest? He hasn’t been charged, he wasn’t even given a chance to respond to the charges filed against him.)
He explained that a complaint would have to be filed first, and an opportunity given to the respondent to defend themselves. Only then can a court determine whether a case can be made based on initial evidence, prompting the issuance of an arrest warrant.
Aside from this, incumbent President Ferdinand “Bongbong” Marcos Jr. has said himself that the ICC has no jurisdiction over the Philippines, stated Bello. The Philippines withdrew its membership from the Rome Statute in 2018.
“To allow the ICC to have jurisdiction for us would be an infringement on our national sovereignty at para nating tinatanggap na wala tayong effective justice system. Bakit ibang grupo pa ang mag-iimbestiga sa’tin, hindi ‘yung justice system natin dito sa Pilipinas (and it would be like accepting that we do not have an effective justice system. Why would another group be the one investigating us, not the justice system we have here in the Philippines)?” Bello said.
Bello said that due to these irregularities, he hoped President Marcos would not permit the ICC’s interference.
When asked if the ICC and Department of Justice (DOJ) could coordinate, as the warrant of arrest was served by the INTERPOL, Bello questioned if it meant the country did not have the means and capability to conduct an investigation and hold a president accountable.
"Why do (we) allow foreigners to interfere in our justice system?" he asked.
Bello declared that he and the rest of the former president’s legal counsel will bar his flight to The Hague, and that petitions for prohibition and habeas corpus have been filed.
