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NewsTranscript
00:00International Criminal Court is now in session.
00:03Rodrigo Roa Duterte.
00:13Malacanang asked some people to go to the Senate hearing
00:16that was led by Presidential Sister Senator Amy Marcos.
00:19Palacio said that the hearing on the arrest of former President Rodrigo Duterte
00:24should be a fair and balanced hearing.
00:26Breaking news, brought to you by Ian Cruz.
00:31This was patently an illegal arrest.
00:34Vice President Sara Duterte was convicted
00:36for raping online during the Senate Committee on Foreign Relations hearing.
00:40The International Criminal Court in the Philippines has no jurisdiction
00:44because the withdrawal of the Philippines from the ICC was already effective in 2019.
00:49And because there is no warrant from the Philippine court,
00:52the warrantless arrest of his father, former President Rodrigo Duterte,
00:56took place on March 11 at Villamor Air Base.
00:59Article 59 of the Rome Statute was not followed
01:03that the father should be brought to the Competent Court first after being arrested.
01:07But the Justice Department agreed that the arrest of the former President is legal and under process.
01:13The IHL is the domestic law that we followed
01:18in recognizing the warrantless arrest issued against Rodrigo Roa Duterte.
01:26Which domestic law and process did you follow?
01:29Republic Act 9851, Your Honor.
01:31As mentioned previously.
01:33Yes, as mentioned previously.
01:35And within the provisions, it allows us two options,
01:41either extradition or surrender.
01:44We chose the executive mode, which is surrender.
01:47The chairperson of the committee and the brother of the President,
01:50Senator Aimee Marcos, showed a video about the arrest.
01:55We surrendered Rodrigo Roa Duterte to extradition,
01:58as if he doesn't have his own country,
02:01as if we can no longer judge our own home.
02:06The senator also showed the statements of President Bongbong Marcos,
02:10who said that the Philippines will not help the ICC.
02:14Why is the SOJ now saying that we are nevertheless, somehow,
02:19in some miraculous way, under the rubric of the international humanitarian law,
02:27still under its jurisdiction?
02:30Your Honor, it is not the Philippines that is under the jurisdiction.
02:34It is the individuals who are charged by the ICC,
02:37which is under the jurisdiction. There is a distinction, ma'am.
02:40Our views evolved during times, at times,
02:44and I don't know if it still has the same view up to today,
02:48because we are talking about a clip which was done one and a half years ago.
02:53Our minds can change, ma'am.
02:56It also came out in the hearing that it was not a red notice,
02:59but a defusion request sent by Interpol to the Philippines
03:03and accepted by the Philippine Center on Transnational Crime.
03:07It stated that Duterte was requested to be arrested.
03:10The request was sent after the prior consultation with the government of the Philippines
03:15that agreed to comply with the International Warrant of Arrest.
03:18It is based on the Warrant of Arrest from the ICC.
03:21The defusion, in Article 97 of the Rules on Processing of Data,
03:27is a standardized request to arrest, detain, or restrict movement of accused.
03:35But it has not been verified, it has not been investigated,
03:41and it has not been placed as an official.
03:44There is no task force, there is no compliance review.
03:47But that does not mean that it has no value.
03:50National Security Advisor Eduardo Año also agreed.
03:54He was part of the core group that planned the arrest.
03:57My role was limited to the mandate of my office
04:01to assess that the situation does not escalate into a national security concern.
04:07The implementation of the ICC Warrant is beyond my mandate and I had no part in it.
04:12I may also state for the record that I am not aware of any core group,
04:17nor am I a member of such group that allegedly planned and prepared for the arrest of former President Duterte.
04:25The Department of National Defense and the Armed Forces of the Philippines has no law enforcement mandate.
04:32Our sole mandate is to give support to the Philippine National Police when it is asked for.
04:39There was no planning, ma'am.
04:41What effort did the group make if there was no planning?
04:45I think that they were intruding into executive privilege already, ma'am.
04:50CID Chief Police Major General Nicolás Torre III also questioned the implementation of the arrest warrant of the ICC.
04:59Senator Jingo Estrada said that he did not go back to his experience when his father, former President Joseph Estrada, imprisoned them.
05:07The police said, you will be in trouble if you do not join us.
05:11It was like a flashback of what the police did to us the other day.
05:16And you said, I will pull that. I will pull that.
05:19I made good of it sir. I said I will pull that and I went back to A.S. Medialdea, handcuffed him.
05:25Estrada was also asked why the visa that the father was granted was prohibited in Villamor Air Base.
05:31The PRRD said, you will let my son in, he's a lawyer.
05:38When we were imprisoned, the immediate members of the family can visit us for 24 hours.
05:46I have told the President that they can visit him at his detention facility because at this time, the order of the day is to load him into a plane.
05:56So that's what we endeavored to do and that's what happened sir.
06:01Through the Vice President, politics was the motive for the arrest of his father.
06:06They did that just to demolish political opponents.
06:15This is all about politics. The administration is using government resources, the ICC, to demolish the opposition.
06:24Senator Bong Go also said that he was close to the former President.
06:29Even though we respect this hearing, I am also saying what I said, that it's too late.
06:37I don't have a problem with hearing every day. But the question is, will you bring my father back?
06:46Malacanang is against the law of arrest and turnover of the former President in the ICC,
06:53in accordance with Republic Act 9851 or the Philippine Act on Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity.
07:04It is there that it is said that we can surrender.
07:09Let's repeat this. In Section 17, it is said to extradite or to surrender to the International Court.
07:20Even Justice Carpio explained this, that we can surrender anyone to the International Court.
07:34Malacanang also responded to Senator Marcos, who is questioning the government's decision to extradite a Filipino.
07:43Since when did the Philippines become a province of the Hague?
07:46We did not want to become a province of any country because we are an independent country.
07:53We did not want to become a province of Fujian, China.
07:59We never thought that we would become a province of any country.
08:03We are just enforcing the law.
08:06The video that was released in the Senate hearing.
08:09The video with the sound effects was really dramatic.
08:14The video was not cut or spliced.
08:18It also showed how the police were harassed while arresting them.
08:28It is said that the statements of the presidential sister are not bad, but it should be balanced.
08:34Our officials cannot speak and Senator Ayne's stories are overshadowed. I hope it will be balanced.
08:47Ian Cruz reporting for GMA Integrated News.