Fr. Ranhilio Aquino, naninindigang legal ang pag-aresto kay FPRRD

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Transcript

00:00Still on the case of former President Rodrigo Duterte in the International Criminal Court, we will talk on the phone with Father Ronjirio Aquino, Dean of San Beda Graduate School of Law.

00:11Good evening Father Aquino, this is Joshua Garcia of PTV Balit Ang Pambansa.

00:16Hi, good evening Jock, good evening.

00:18Yes Father, what is our reaction to what they are saying that the arrest of former President Rodrigo Duterte is legally flawed?

00:26Well, everybody is entitled to his opinion, but I don't think there is any reason to say that.

00:34Much besides, you know that if the arrest is really legally flawed, the Supreme Court should have given the TRO and Writ of Preliminary Injunction.

00:50Because the Supreme Court knew very well that the former President was on the verge of being transported to the Hague.

01:01So if the Supreme Court is really convinced that there is a mistake in his arrest, they would have granted a temporary restraining order, which they did that too.

01:15But they denied it because they said that the petitioners failed to prove that there was any right that was violated that was in need of immediate protection.

01:32And the names that were mentioned that could be issued under the warrant of arrest by the ICC, aside from that, how about the police who were involved in the killing in the war on drugs?

01:44Is it possible for the ICC to call them?

01:48That depends on the prosecutor. But according to what we have seen and the recent cases that went through the ICC,

02:00the prosecutor was very careful in what he did. That's why he can't bring together the accused, especially if there are many of them.

02:11So what I see there is that they will prioritize the powerful people who led the war on drugs.

02:20But if you were to ask, Father, in the case of Crimes Against Humanity, is it possible for the former President to file a bail?

02:28According to the rules of procedure and evidence of the International Criminal Court, he can ask for provisional liberty.

02:38So he can ask for that to be released pending trial. But that all depends on the pretrial chamber.

02:47And we have been told by some people who are more familiar with the operations of the court that in Crimes Against Humanity, temporary liberty is rarely given.

02:59Let's not forget that the jurisdiction of the International Criminal Court covers the most serious crimes.

03:07That's why that judgment was imposed because the experts in international law learned that the system of jurisdiction of each country is not sufficient to deal with such serious crimes.

03:29It's not that they distrust domestic judicial systems, but they want to show the whole world how serious those crimes are.

03:42And Father, nowadays there are many things being posted on social media. Others are like sedition or they want to start a riot.

03:51What is your advice to the government? How will this be implemented?

03:55There are two things going on. Number one, there are actions pending in front of our Supreme Court. Let us trust the wisdom of the justices of the Supreme Court.

04:09And number two, there are many opportunities given by the ICC, International Criminal Court, to the former president to defend himself.

04:22If you observe from the initial hearing, the confirmation hearing will take place only late September.

04:32Why is it so long? That's to give him enough time to prepare his defense and also to give the prosecutor enough time to prepare.

04:45And I want to repeat this, if the pre-trial chamber sees that there is not enough evidence to charge the case, the pre-trial chamber will dismiss the case and will not allow it to go to trial.

04:59Father, we are different. Is it possible that the Senate will not give Senator Bato de la Rosa even if he will be arrested?

05:06And until when can he be in the Senate? He can because he is running for re-election.

05:12The provision of Article 6 is that a member of Congress is immune from arrest only while a session is going on and when the crime is punishable by not more than six years.

05:28So if the punishment is more than six years and crimes against humanity under Republic Act 9851 are punishable by more than six years, the Senate cannot protect him from arrest.

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