Malacañang said the inclusion of Senators Ronald “Bato” dela Rosa and Bong Go as alleged co-perpetrators in the International Criminal Court (ICC) case over the drug war is part of a legal process the government cannot interfere with, adding that any arrest warrant issued will have to be implemented.

Presidential Communications Office (PCO) Undersecretary Claire Castro said this after ICC prosecutors, in a filing dated Feb. 13, named Dela Rosa, Go, and six others as co-perpetrators in the drug charges against former president Rodrigo Duterte at The Hague in the Netherlands.

In a press briefing on Monday, Feb. 16, Castro said the case before the ICC was filed as early as 2017, long before President Marcos assumed office.

“Kung ito naman ay legal process na nanggagaling po sa ICC, hindi naman po natin ito maaaring pakialaman dahil ang kasong iyan ay naisampa noon pa, 2017, at hindi pa po pangulo si Pangulong Marcos Jr. (If this is a legal process coming from the ICC, we cannot interfere with it because that case was filed as early as 2017, when President Marcos was not yet in office),” she said.

However, Castro made clear that if the ICC issues arrest warrants, these must be carried out.

“Kapag may warrant of arrest na naisyu na po, kailangang i-implement (If a warrant of arrest is issued, it must be implemented),” she said.

“Sa ngayon ay wala pa pong dahilan para sila ay bantayan dahil wala pa pong nari-receive ang gobyerno ng warrants of arrest (At present, there is no reason to monitor them because the government has not received any warrants of arrest),” she added.

Asked whether the government would cooperate with Interpol if warrants are issued, Castro said the same procedure when Duterte was arrested in March last year would be followed.

“Iyon po ang nangyari before, at iyan din po ang mangyayari ngayon (That is what happened before, and that is what will happen now),” she said.

However, the Palace Press Officer clarified that while the Philippines maintains that the ICC currently has no jurisdiction over the country, the situation differs if the alleged crimes were committed at a time when the ICC still had jurisdiction.

“Sa ngayon pero iba po ang pinag-uusapan kung ang mga na-commit na diumanong crime ay naganap noong mayroon pang jurisdiction ang ICC (As of now, yes, but it is a different matter if the alleged crimes were committed when the ICC still had jurisdiction),” she said.

The Philippines left the Rome Statute in 2019.

Meanwhile, Castro appealed for sobriety among supporters of the officials named in the ICC filing, saying justice should not be a cause for disorder.

“Hindi po dapat i-encourage ninuman na magkagulo kung nagsisilbi lamang po ng valid warrant of arrest (No one should encourage unrest if what is being served is a valid warrant of arrest),” she said.

“Kung mayroon naman pong batayan ay dapat lamang pong madinggin para malaman natin, pareho naman po itong magiging hustisya sa dalawang panig – hustisya sa mga diumanong naging biktima ng EJK at ito ay magsisilbi ring hustisya para doon sa naaakusahan kung mapapakita niyang wala naman siyang kinalaman at wala siyang kasalanan, maaaring magkaroon ng acquittal sa nasabing kaso (If there is basis, then it should be heard so we can determine the truth. This will serve justice on both sides — justice for the alleged victims of EJKs, and justice for the accused if he can prove he had no involvement and is innocent, which could lead to acquittal),” she added.

Castro also challenged claims that the ICC development was a diversionary tactic by the administration.

“Hindi ito diversion dahil matagal na po ang kasong ito na nakasampa sa ICC. Hindi pa nga po pangulo si Pangulong Marcos Jr. ay naisampa na ito (This is not a diversion because the case has long been filed before the ICC. It was filed even before President Marcos Jr. assumed office),” she said.

Addressing criticisms that the administration is allegedly undermining Philippine sovereignty by cooperating with international processes, Castro said the government is merely following existing laws.

“Sumusunod tayo sa sarili nating batas at nakikipag-cooperate din po tayo sa Interpol (We are following our own laws, and we are also cooperating with Interpol),” she said.

On whether the Marcos administration is considering rejoining the ICC, Castro said the matter has not been discussed.

“The President has not talked about that. He has not discussed that matter with all of us as of the moment,” she said.