Opposition senators on Thursday asked the Supreme Court to postpone the oral arguments on its petition challenging the constitutionality of the Duterte administration’s action withdrawing the country’s membership from the Rome Statute of the International Criminal Court (ICC).
In a motion, opposition Senators Francis Pangilinan, Franklin Drilon, Bam Aquino, Antonio Trillanes IV, Leila De Lima, and Riza Hontiveros said they have yet to receive a copy of the high court’s resolution denying the request of De Lima to argue on behalf of the Senate the oral arguments set for August 14 to 28.
The senators said they have yet to receive a copy of the en banc’ decision junking De Lima’s bid to personally argue the case.
“Petitioners-Senators, through Senator De Lima requested a copy of the resolution from the Office of the Clerk of Court but they were informed that such resolution is not yet available,” they said.
READ: SC denies De Lima’s request to argue case vs PH withdrawal from ICC
With the denial of De Lima’s request, the Senators said they “do not have a representative for the oral arguments on 14 August 2018 whom they deem able to fully articulate their position.
At the same time, they stressed that they would also seek a reconsideration of the en banc’ resolution, but that they would only be able to address it and file a motion after they received the official copy of the resolution.
If the high court would grant the petition, it would be the second time that the oral arguments on the issue would be deferred.
The high court originally set the oral arguments on August 7, but it was moved to August 14.
In dismissing De Lima’s plea, the high court said it found no compelling reason to have the detained senator personally appear during the conduct of oral arguments.
De Lima is currently detained at the PNP Custodial Center in Camp Crame due to drug related charges filed by the Department of Justice before the Muntinlupa court in connection with her alleged involvement in the illegal drugs trade when she was the Justice Secretary during the previous administration.
In their original plea filed last May 16, the opposition senators said the country’s withdrawal from the Rome Statute “cannot be justified under the so-called ‘residual powers’ of the President.”
Likewise, they argued that the Constitution mandated the Senate to ratify a treaty or an international agreement, and as such, the executive branch cannot just unilaterally repeal a law or withdraw from the treaty of international agreement.
Duterte announced the country’s withdrawal from the Statute last March, citing the “baseless, unprecedented and outrageous attacks” against him and his administration over its anti-drug war that is being blamed for thousands of deaths. /ee
READ: Duterte does the inevitable, declares PH withdrawal from ICC