Justice Secretary Jesus Crispin C. Remulla on Wednesday, May 7, said he will comply with the Office of the Ombudsman’s (OMB) directive to file counter-affidavit on the complaints against him on the alleged illegal arrest of former president Rodrigo R. Duterte.
DOJ Sec Remulla vows to answer complaints over Duterte's arrest
By Jeff Damicog
“We will answer. Sasagutin namin ‘yung bawat issue na nilabas doon (We will answer each of the issues contained in the complaints),” Remulla told journalists in an interview.
Duterte was arrested last March 11 based on the order issued by the International Criminal Court (ICC) on charges of crimes against humanity. On the day of his arrest, he was turned over to the ICC in The Hague, Netherlands where he is now detained.
Reiterating the legality of Duterte’s arrest last March 11 and his turnover to the International Criminal Court (ICC) in The Hague, Netherlands, Remulla said: “Everything that happened was within legal bounds. Lahat naman ‘yan according to law (Everything was done according to law).”
Aside from Remulla, his brother Local Government Secretary Jonvic Remulla, Philippine National Police (PNP) Chief Gen. Rommel Marbil, Maj. Gen. Nicolas Torre III of the PNP’s Criminal Investigation and Detection Group (CIDG), and Special Envoy for Transnational Crimes Markus Lacanila were ordered by the OMB to answer the complaints filed by Sen. Imee Marcos, head of the Senate Committee on Foreign Relations.
The brothers Remulla and the three others were charged with arbitrary detention under Article 124 of the Revised Penal Code (RPC), usurpation of judicial functions under Article 241 of RPC, grave threats under Article 282 of the RTC, violation of Republic Act No. 7438 (the law that defines the rights of persons arrested, detained, or under custodial investigation, as well as the duties of arresting, detaining, and investigating officers), usurpation of official functions under Article 177 of the RPC, and false testimony and perjury under Article 183 of the RPC.
The OMB gave them 10 days from receipt of the order issued on Tuesday, May 6, to file counter-affidavits. The order was issued by Director Nellie P. Boguen-Golez of the Preliminary Investigation and Adjudication Bureau (PIAB-D) of the OMB.
The order stated that "no motion to dismiss or bill of particulars shall be entertained."
It also stated that "failure to file counter-affidavit within the aforesaid period shall be deemed as waiver of respondents' right to submit controverting evidence and the preliminary investigation shall proceed accordingly."
“The complainant Senate Committee on Foreign Relations headed by Sen. Imee R. Marcos may file a reply to the counter-affidavits within 10 days from receipt of the documents filed by those charged,” it added.
Once the counter-affidavits are filed, the PIAB-D said in its order that "this case shall be deemed submitted for resolution on the basis of the evidence presented by the parties, whose presence may be dispensed with unless otherwise required for clarificatory questioning."
Justice Secretary Remulla said: “Actually the complaint itself para nawiwirduhan ako kasi hindi naman committee report (I find the complaint weird because it not based on committee report).”
He said the complaint was based on the chairman’s report.
“Why the haste? Why not wait for the committee report because that was a committee investigation,” he lamented.
He expressed his belief that the complaint was filed to get leverage for the elections.
Senator Marcos personally went to the OMB in Quezon City last May 2 and submitted the Chairperson's Report which alleged that Duterte's arrest and detention by the ICC in The Hague, Netherlands were "politically-motivated."
Marcos asked that the five high-ranking officials "be investigated, and where appropriate, prosecuted and/or sanctioned in accordance with the applicable laws, rules, and regulations."