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NewsTranscript
00:00Before that, the legal team of former President Duterte insisted that they will first ask the ICC pre-trial chamber for the interim release or the temporary release of the former president.
00:11Some activities as a form of support to the former president are being held in different places.
00:17Breaking news from Ian Cruz.
00:19In different parts of the country, supporters of the former president continue to call for him to return to the Philippines.
00:34While the former president was imprisoned in the ICC detention facility in The Hague, Netherlands, his legal team here in the Philippines continues to prepare.
00:44According to his former Labor Secretary, Atty. Silvestre Bello III, as well as his colleagues in the defense of the former president,
00:53Atty. Martin Del Graff, Atty. Israelito Torreon, Atty. Vic Rodriguez, Atty. Fred Lim, class of president, and Atty. Cesar Billy Dulay, former commissioner of the BIR.
01:05Former Executive Secretary Salvador Mijaldea, who was with the former president during his trip to the Netherlands, is also leading their team.
01:13We have to prepare for his defense initially, and then we have to study the processes in the ICC. Frankly, we don't know the processes there now.
01:27But just like any judicial body, they are not far from our process.
01:34The defense team of Duterte will first ask for his temporary release, which can be applied by the accused according to the rules of the ICC.
01:43Do you think he will qualify under their conditions? Because it's a conditional release, the interim release.
01:51What are their conditions? He will not escape. That's all they're thinking, he will not escape. Will the president escape? Where will he go?
02:00How can you hide? The former president, can he hide? Everyone knows him.
02:06A lawyer cannot just enter an appearance in the International Criminal Court to be a legal counsel of a defendant or victim.
02:17You must first apply to the ICC to be admitted to the list of counsel of a lawyer.
02:23Only five Filipino lawyers are on the list of counsel of the ICC, including the former presidential spokesperson Harry Roque,
02:31who may also be included in the ranks of those defending the former president.
02:36According to Belyo, the jurisdiction of the International Criminal Court or ICC is included in their questioning.
02:44because the Philippines did not mention it after withdrawing in 2019.
02:49Even the warrant of arrest issued by the Interpol in the country that Belyo did not see.
02:57In an interview, the ICC said that after becoming a member in November 2011,
03:02the withdrawal of the Philippines from the Rome Statute was effective in March 2019.
03:08The ICC continues to have jurisdiction over the crimes committed in the Philippines while it is still a member of the Rome Statute.
03:16Malacanang previously denied that they were complete in the role of arresting the former president.
03:22For some legal experts, the warrant of arrest is legitimate.
03:26I don't think there's a question about the validity of the warrant.
03:28Pursuant to the exercise of that jurisdiction, of course, they can issue the warrant for the arrest of the subject or the accused in this particular case.
03:34According to Article 59 of the Rome Statute, the accused should be presented to the competent judicial authority or court.
03:41This did not happen when Duterte was arrested.
03:44The role of the competent judicial authority is to check,
03:48okay, is this the person you arrested who was really named in the warrant of arrest?
03:53Second, was the right process followed?
03:56Third, were his rights respected?
04:00But Attorney Ralph Sarmiento, Dean of the College of Law of the University of St. Lasalle, Bacolod, said,
04:06Article 59 of the Rome Statute is not applicable or compatible because the Philippines left the country in 2019.
04:14Accordingly, the right of the accused should not be violated.
04:18The fundamental rights are pursuant to the International Convention on Civil and Political Rights.
04:24According to Attorney Joel Butuyan, one of the five Filipino ICC-accredited lawyers,
04:30even in the Rome Statute, the law of the Philippines is included in the execution of the warrant of arrest.
04:37The police did not deny that he is President Duterte.
04:41He was given Miranda rights.
04:43The arrest was peaceful.
04:46So his basic rights were actually respected.
04:50Ian Cruz reporting for GMA Integrated News.