Admin officials no-show in next Senate hearing on Duterte arrest

Sen. Imee Marcos —INQUIRER.net file photo

MANILA, Philippines — Administration executives will not attend Thursday’s second Senate hearing on former President Rodrigo Duterte’s arrest, Sen. Imee Marcos’ office confirmed on Tuesday.

This was based on a letter from Executive Secretary Lucas Bersamin dated March 31 and addressed to Sen. Marcos and Senate President Francis “Chiz” Escudero.

Based on the letter sent to reporters by Sen. Marcos’ staff through Viber, Bersamin said that the officials had “sincerely answered all the questions to the best of their knowledge and candidly provided all information elicited by the Senate Committee members.”

He reasoned that “further participation may no longer be necessary at this time, especially considering that the Honorable Chairperson has publicly relayed her comprehensive findings thereon.”

The Palace official also reiterated his position on invoking the “executive privilege” of the officials in the proceedings as stated in a letter he sent to Escudero last March 20.

Executive privilege is a constitutional doctrine that allows high-ranking officials to withhold sensitive information.

“We believe that all matters not covered by executive privilege have already been extensively discussed,” he said.

Moreover, Bersamin pointed out that four pending Supreme Court petitions relate to Duterte’s arrest and surrender, arguing that they are “closely intertwined” with the issues being deliberated in the hearings.

“Accordingly, further discussions on the matters in the agenda of the hearing may constitute violation of the sub judice rule, which could unduly influence the ongoing proceedings,” he added.

“In light of these considerations, we must respectfully decline the invitation to attend the hearing. Nevertheless, we remain available to extend our full cooperation through other appropriate channels, should there be any further clarifications required within the bounds of the law,” Bersamin added.

Sen. Marcos did not respond favorably to the officials’ expected absence, which she said contradicts Malacañang’s earlier position that it will not hinder the officials from participating in the hearing.

“Who should be followed? Executive Secretary Bersamin’s statement does not align with that of President Marcos,” read Sen. Marcos’ statement in Filipino.

“They can’t have contrasting decisions. What’s the use of the President’s statement if they won’t follow it.”
The first Senate hearing on Duterte’s arrest for crimes against humanity allegedly committed during his administration’s drug war was held on March 20. It was led by Sen. Marcos, chair of the Senate foreign relations committee.

READ: Duterte ICC arrest: Imee says Senate panel found ‘glaring lapses’

A week after that hearing, Sen. Marcos presented the panel’s preliminary findings, pointing to “glaring lapses” in Duterte’s apprehension, including the government’s lack of obligation to arrest and surrender him to the International Criminal Court (ICC).

READ: Duterte ICC arrest: Palace refutes Senate panel’s claim of gov’t lapses

However, Palace Press Officer Claire Castro disputed this in a briefing on the same day, saying, “That will be her opinion if the people she spoke with are Duterte supporters. But if we look at other experts like Justice [Antonio] Carpio, Atty. [Joel] Butuyan, and others who discuss our law, RA [Republic Act] 9851, her perspective on the issue would change.”

“We have no legal obligation, but we do have a law under RA 9851 that mentions a prerogative to cooperate with Interpol. Still, we have a commitment to Interpol. But again, the government is simply following RA 9851,” she continued.

Duterte was arrested at the Ninoy Aquino International Airport on March 11 and was flown on the same day to The Hague, Netherlands, where he is currently being held pending his trial for crimes against humanity allegedly committed during his administration’s drug war.

The former president had his pretrial hearing on March 14, while his confirmation of charges is scheduled for September 23.