Dela Rosa expresses alarm over ICC remarks of Remulla, Guevarra

Sen. Ronald “Bato” Dela Rosa, during Monday’s plenary session, August 12, 2024  —Senate Public Relations and Information Bureau

MANILA, Philippines — “Are they challenging the policy set by the President?”

A troubled Sen. Ronald “Bato” dela Rosa couldn’t help but express alarm over the recent remarks made by Justice Secretary Jesus Crispin Remulla and Solicitor General Menardo Guevarra regarding the International Criminal Court (ICC).

In a privilege speech delivered during Monday’s plenary session, dela Rosa noted that President Ferdinand Marcos had already stated that his administration has yet to see a reason to rejoin the ICC, which means that the country’s chief architect does not recognize the international court’s jurisdiction in the Philippines.

READ: Unfazed Bato dela Rosa, Rodrigo Duterte on looming ICC ruling: ‘Walang kaba, walang pakialam’

“While President Bongbong Marcos, being the chief architect of our foreign policy, maintained his position of not joining and not recognizing the jurisdiction of the ICC, we were surprised by the recent pronouncements coming from the Secretary of Justice Jesus Crispin Remulla and the Solicitor General Menardo Guevarra,” said dela Rosa.

“Solicitor General Guevarra said, and I quote: “[The Philippines] has no legal duty to lend any assistance to the ICC prosecutor in conducting his investigation. But the Philippine government cannot stop him from proceeding any way he wants. Meanwhile, Secretary Remulla’s pronouncement was, and I quote: “We are not in the business of blocking any movement of the Interpol, unless a policy is laid out, which of course will go against our international commitments,” he added.

Chief implementer

Dela Rosa, who was the chief implementer of former President Rodrigo Duterte’s bloody war on drugs and is among those mentioned in the crimes against humanity complaint before the ICC, said it is “troubling” that Remulla declared that “once an arrest warrant is issued, it’s the Interpol’s job to serve it.”

“The pronouncements of those two executive officials are quite alarming. The Secretary of Justice is one of the many alter egos of the President, and the Solicitor General is the lawyer of the government. Are they challenging the policy set by the President?” dela Rosa asked.

According to the former top cop, the statements made by Remulla are dangerous because it may send a message to Filipinos that the Department of Justice itself is not capable of safeguarding the rule of law.

Dela Rosa then proceeded to hit Guevarra over the latter’s supposed “unsolicited opinion.”

“Inilalagay niya sa alanganin ang ating pamahalaan sa pamamagitan ng pangako nito na pag-aalalay sa ICC prosecutor na papasok sa ating bansa na ayon sa kanya ay legal duty. Sa ganito pong mga pagbibitiw ng commitment, nakokompromiso ang soberanya ng ating bansa. Kung hindi po ito isang konkretong halimbawa ng paggisa sa sariling mantika ay ewan ko na lang (He is putting our government in jeopardy by his promise to support the ICC prosecutor who will enter our country, which according to him is a legal duty. With these resignations of commitment, the sovereignty of our country is compromised. If this is not a concrete example of frying in one’s own oil, I don’t know.),” he said.

To support his stand, Dela Rosa said arrest warrants, should these be issued by the ICC, would not be recognized by the Philippine government. He said only judicial courts have the power to issue warrants of arrest in the Philippines concerning criminal cases.

Interpol has no manpower

“According to Atty. Harry Roque, the Interpol has no manpower to effect an arrest pursuant to a warrant issued by a judicial body. As such, our law enforcement officers such as the members of the Philippine National Police and the National Bureau of Investigation may be asked to implement the warrant of arrest issued by the ICC,” said dela Rosa.

He proceeded to explain that the Philippines since it’s no longer a member of the ICC, is no longer bound to the international court.

Citing Roque, Dela Rosa said if the PNP and other law enforcers implement the warrant issued by the ICC, those who will do so may be subjected to administrative and criminal liability.

“In case members of our law enforcement agencies will implement the warrant issued by the ICC and arrest former President Duterte in accordance with it, those law enforcers may be liable for the crime of illegal detention or serious illegal detention depending on the period of detention,” he added.

With this, he made an appeal to the Office of the President.

“If the claims of Atty. Harry Roque are legally sound, I call on the Office of the President to protect our law enforcers, the PNP and the NBI. Huwag po sana natin silang bigyan ng utos na maaaring maglagay sa kanila sa alanganin. Hayaan po sana natin silang maging malaya sa pagpapatupad ng kung anong nararapat ayon sa ating Saligang Batas (Let’s not give them an order that could put them in trouble. Let’s let them be free to implement what is appropriate according to our Constitution.),” he said.

The senator then emphasized that this is not only an issue of the ICC against Duterte and him. He claimed that this, in fact, is a looming constitutional crisis.

“Atin bang tatanganan na mahigpit ang ating soberanya? O hahayaan na lamang natin itong dumulas mula sa ating mga kamay? (Are we going to hold our sovereignty firmly? Or are we just going to let it slip out of our hands?)” he asked.

In the end, dela Rosa insisted that Duterte and him were not afraid to face prosecution and even persecution. He, however, made it clear that it should be done by their own people—by the Philippine courts, rules, and procedures.

“Ang pananagutan namin ay sa ating mga kababayan at hindi sa mga dayuhan (Our responsibility is to our countrymen and not to foreigners.),” he said.