Senators reject bullying claims as ICC surrender controversy deepens

National

NOT bullying—just grilling.

THIS was how Senators Ronald Dela Rosa and Imee Marcos framed their approach amid accusations that they were intimidating Cabinet officials during the third Senate inquiry into the arrest and handover of former president Rodrigo Duterte to the International Criminal Court (ICC) on Thursday, April 10.

“We are not bullying you. We want the truth,” Dela Rosa said, responding to Justice Secretary Jesus Crispin Remulla’s remarks that executive officials were being pressured into admitting missteps related to the controversial transfer.

Remulla criticized the proceedings, particularly after special envoy on transnational crime Markus Lacanilao was cited for contempt and ordered detained for allegedly providing misleading information.

The justice secretary appealed to Dela Rosa to withdraw the order, but the senator stood firm. Marcos, who chairs the Senate foreign relations committee, also supported the move.

Lacanilao, who signed documents authorizing Duterte’s custody transfer, said he was present throughout the process—from Duterte’s arrival at the Ninoy Aquino International Airport on March 11 to the final turnover to Interpol authorities.

“I was there to ensure the smooth transfer of custody of the former president,” he told the panel.

Senators scrutinized the process, raising concerns over the lack of judicial review and transparency. The executive branch had previously skipped a hearing on the matter, citing executive privilege. However, several Cabinet members, including Foreign Affairs Secretary Enrique Manalo and Migrant Workers Secretary Hans Cacdac, appeared in the latest session to avert a potential constitutional crisis.

Remulla defended the Cabinet’s initial absence and insisted that executive privilege was appropriately invoked. He maintained that the government was no longer legally obligated to follow ICC procedures due to the Philippines’ withdrawal from the Rome Statute, which took effect in 2019.

Former Supreme Court justice and constitutional framer Adolfo Azcuna, however, warned that the transfer may have violated international legal norms.

While he acknowledged the legitimacy of the ICC’s warrant, he argued that the Philippines retained residual obligations under the Rome Statute despite its withdrawal.

Azcuna said the law still required Duterte to be presented before a domestic court to confirm his identity and ensure he was informed of the charges—steps that were bypassed. “The surrender must be pursuant to a treaty, and in this case, the applicable treaty remains the Rome Statute,” he said.

He added that although the handover may have breached procedure, the ICC is guided by the doctrine “male captus, bene detentus,” which allows trials to proceed despite questions over the legality of an arrest.

Petitions challenging the legality of Duterte’s arrest and transfer are now pending before the Supreme Court.(MyTVCebu)