Ilang eksperto, nanindigan na walang nilabag na batas ang pag-aresto kay dating Pres. Duterte sa ICC

3 hours ago

Ilang eksperto, nanindigan na walang nilabag na batas ang pag-aresto kay dating Pres. Duterte sa ICC

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Transcript

00:00There is no violation of the law by the legal experts in the surrender of the Philippines to former President Rodrigo Duterte.

00:07The former president cannot use the defense of the Rome Statute because the Philippines left the ICC during his term.

00:15The details are in the writings of Denise Osorio.

00:20There is no violation of the law in the surrender of the government to former President Rodrigo Duterte in the International Criminal Court.

00:28That is the tone of the retired Supreme Court Associate Justice Antonio Carpio and the San Beda Graduate School of Law Dean Father Langelio Aquino.

00:36They denied that the arrest of Duterte in the Republic Act 9851 is in violation.

00:42This is the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity.

00:49There is a law that tells us, Philippine Law Section 17 of Republic Act 9851,

00:55the government has the option to surrender.

00:58They surrendered, so that's authority of law.

01:03There is a law allowing them to surrender.

01:06It is stated in Republic Act 9851 that the authorities in the Philippines may not continue the investigation or litigation of a crime

01:14if there is another court or international tribunal to investigate it.

01:18Father Aquino also explained

01:20that the arrest of the former President is just a legal opinion.

01:26If there is a violation of the arrest, the Supreme Court should issue a Temporary Restraining Order or TRO of Digong.

01:34If the Supreme Court is really convinced that there is a violation of the arrest,

01:43they would have granted a Temporary Restraining Order, which they did that too.

01:48But they denied it because they said that the petitioners failed to prove that there was any right that was violated,

02:01that was in need of immediate protection.

02:05It is no longer a requirement to confront the local court of Duterte before turning over to the ICC

02:10because the Philippines is no longer a member of the Rome Statute since 2019.

02:15Based on Article 59 of the Rome Statute,

02:17the ICC has an obligation to immediately bring the suspect or accused to the court of the so-called country.

02:25This is to determine if the arrest is correct and if his rights are respected.

02:31But because the former President Duterte himself refused to be a member of the ICC in the Philippines in 2019,

02:38according to Carpio, our government is no longer obliged to follow Article 59.

02:44He will no longer be able to use the Rome Statute as an argument or for his own benefit.

02:49In addition, Carpio, the arrest of Senator Bato Dela Rosa and former PNP chief Oscar Albayade,

02:57who were both named in Duterte's charge sheet, is now possible.

03:00Yes, the one used against Duterte can also be used against the others.

03:08Because that law, Republic Act 1951, applies also to the rest of those who may be issued warrants of arrest by the ICC.

03:18It is also unlikely that Bato will receive protection from the Senate.

03:22The provision of Article 6 is that a member of Congress is immune from arrest only while a session is going on

03:33and when the crime is punishable by not more than 6 years.

03:37So if the sentence is more than 6 years, and crimes against humanity under Republic Act 951 are punishable by more than 6 years,

03:48the Senate cannot protect him from arrest.

03:51Experts also gave evidence that Duterte is likely to be punished.

03:56He did not voluntarily surrender.

03:58Temporary liberty for those arrested for crimes against humanity is also limited.

04:04In addition, the former president is a flight risk.

04:08It means that he may not return to the ICC if he is called again for a hearing.

04:14Denise Osorio for Pambansang TV in Bagong, Philippines.

Ilang eksperto, nanindigan na walang nilabag na batas ang pag-aresto kay dating Pres. Duterte sa ICC

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Transcript

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