As chief architect of the country's foreign policy, President Marcos should be the one to decide whether the Philippines should rejoin the International Criminal Court (ICC), Department of Justice (DOJ) Secretary Jesus Crispin C. Remulla said on Wednesday, March 19.
With respect to international affairs, Remulla said the President is vested with the authority to deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact the business of foreign relations, Remulla explained.
The issue on the Philippines' withdrawal from the ICC last 2019 and the proposal from certain sectors for the country to rejoin surfaced anew with the arrest of former president Rodrigo R. Duterte last March 11 and his turnover to the international tribunal in The Hague, Netherlands.
The Philippines withdrew from ICC in 2018 on the directive of Duterte and the withdrawal took effect in 2019.
When asked on his personal view on the rejoining the ICC, Remula said during an interview at Kapihan sa Manila Bay: "I cannot say anything about that. I will not in any way try to assert my personal view on that."
Duterte's arrest was challenged in three petitions filed by his children before the Supreme Court (SC) which ordered the respondents, led by Executive Secretary Lucas P. Bersamin, to explain why a writ of habeas corpus should not be issued.
If the writ is issued by the SC, the High Court can direct the respondents to present Duterte physically before it for judicial inquiry.
With the inhibition of the Office of the Solicitor General (OSG) from participating in the three petitions, Bersamin directed the DOJ to represent the respondents.
Last March 17, the DOJ filed its consolidated compliance. The SC directed Duterte's children to traverse or rebut the DOJ's justifications for the arrest and its plea to dismiss the petitions for being moot and for lack of merit.
Commenting on Duterte's arrest, Remulla said: "I have no qualms that what we did being right or wrong. I think we were right the whole time."
Remulla cited Republic Act (RA) No. 9851 -- the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity -- which provides that the government may turn over a person to an international tribunal for prosecution.
He pointed out that RA 9851 is “the law carrying the case now.”
Also, he cited the SC ruling on Cayetano vs. Pangilinan case where the High Court stated that “all things that happened prior to a certain date in 2019 are still within the jurisdiction of the ICC.”
The ICC has been investigating Duterte over alleged crimes against humanity he committed concerning the extrajudicial killings that took place during his war against illegal drugs when he was Davao City mayor and president of the Philippines.
At the same time, Remulla said the Philippines has to uphold its commitment with Interpol.
At the moment, he said “we will prepare for a possible ground of legal arguments if need be.”
“As I’ve said already it’s a done deal. The man is already under the jurisdiction of the ICC. It’s extraterritorial if it’s in another country. So it’s beyond the scope of our legal system already. We have already turned over the person arrested to the ICC for proper trial in this position,” he explained.
Commenting on the recusal of Solicitor General Menardo I. Guevarra from the habeas corpus petitions of Duterte's children, Remulla said: "I don’t buy that but it’s okay I will not argue with Mr. Guevarra."
Remulla said he is of the belief that the decision for Gueverra to recuse from the case was more personal.
Guevarra was the justice secretary under the Duterte administration and has been a law partner of former executive secretary Salvador C. Medialdea who also served under the administration of the former President.
“He (Guevarra) has recused himself so we will take up his cudgel. I don’t think there is anything to make a big deal of,” Remulla stressed.
Guevarra earlier said that it is up to President Marcos if he would continue to hold on to his post at the OSG.