Ombudsman Orders Officials to Respond to Complaints Over Duterte’s Arrest
The Office of the Ombudsman has directed Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, PNP Chief Rommel Marbil, and two others to answer criminal and administrative complaints related to the arrest of former President Rodrigo Duterte. These complaints stem from a Senate panel investigation.
In separate orders, the Ombudsman instructed the Remulla brothers, Marbil, PNP Criminal Investigation and Detection Group Director Major General Nicolas Torre III, and Special Envoy on Transnational Crime Markus Lacanilao to submit counter affidavits. They must file these within 10 days from receiving the orders.
The Ombudsman’s notice clearly warns that failure to comply will lead to a waiver of their right to submit evidence. Consequently, the preliminary investigation will move forward without their input.
Criminal and Administrative Charges Detailed
The Senate Committee on Foreign Relations recommended several charges against the officials. These include arbitrary detention, grave threat, usurpation of judicial functions, giving false testimony, and perjury.
Meanwhile, the administrative complaints cover grave misconduct and conduct prejudicial to the best interest of the service.
The complaints follow Duterte’s arrest on March 11 at NAIA, right after his arrival from Hong Kong. The arrest was based on an International Criminal Court (ICC) order for crimes against humanity linked to his controversial drug war.
Legal Basis and International Context
Republic Act 9851 allows the Philippine government to defer its own probes in favor of an ongoing ICC investigation. This law covers crimes against international humanitarian law, genocide, and crimes against humanity.
Furthermore, a Supreme Court ruling from July 2021 requires the government to cooperate with the ICC, as long as the alleged crimes occurred while the Philippines was still a signatory to the Rome Statute.
The Philippines officially withdrew from the Rome Statute on March 14, 2019. The decision was announced under Duterte’s administration a year earlier on March 14, 2018.
This case draws attention to the delicate balance between national sovereignty and international justice. Authorities now face the challenge of addressing these serious allegations while adhering to both Philippine and international laws.