ICC's 'arrest warrant' for Digong may delay VP Sara's impeachment trial: House prosecutor

The International Criminal Court's (ICC) alleged arrest warrant against former president Rodrigo Duterte could “delay” the impeachment trial of Vice President Sara Duterte if found she is part of the same warrant due to her alleged involvement in the notorious bloody drug war, a House prosecutor said Monday.

Manila Rep. Joel Chua, the chairperson of the House Blue Ribbon Committee and one of the 11-member prosecution team, explained that in the event the warrant is served, the subjects will be brought to The Hague— the ICC’s headquarters — potentially hindering the upcoming impeachment proceedings.

“If that happens, there will be definitely a delay or problem with the impeachment,” Chua told reporters in Filipino, though he clarified they are not relying on rumors pending confirmation of the warrant.

In the meantime, he said, “the impeachment trial will continue unless, of course, [the ICC] requests her presence.”

The former president is reportedly part of her daughter’s defense team. Chua, however, believes that the VP’s camp has “a battery of lawyers” in case the senior Duterte is arrested.

VP Duterte has been implicated in the war on drugs originally waged by her father, which saw the alleged extrajudicial killings (EJK) when he was still the mayor of Davao City.

Former senator Antonio Trillanes IV, the patriarch’s nemesis, had claimed that Sara continued the brutal war on drugs after she succeeded her father in 2010, making her a “secondary” respondent in the case pending before the ICC, accusing them of crimes against humanity.

Sara had vehemently denied the allegations, asserting that she was never involved nor linked to the Davao Death Squad (DDS), a Davao-based group that allegedly executed the summary killings, not until she was elected as the country’s second-highest official.

Earlier last year, Arturo Lascañas, a retired police officer who confessed to spearheading the DDS and is currently hiding, accused Sara of instigating the “Oplan Tokhang” with Senator Ronald “Bato” dela Rosa, who was then the Davao City police chief, in 2012.

He claimed that the bodies of the slain victims of the anti-drug campaign were ordered to be buried so that cases would end up as mere kidnappings as Sara wanted to shy away from the media.

The VP again dismissed Lascañas’ claims as “scripted.”

The House of Representatives impeached Sara on 5 February, outlining seven impeachable offenses, including betrayal of public trust, culpable violation of the Constitution, bribery, graft and corruption, and other high crimes.

In Article V of the impeachment complaint, the House accused the VP of committing high crimes, including murder and conspiracy to commit the same, owing to her purported role during the previous administration’s war on drugs, including those of the DDS.

According to Chua, Lascañas' “testimonial evidence” to the ICC regarding Sara’s so-called involvement in the anti-narcotics campaign “strengthened” Article V of the complaint, increasing the chances for her conviction in the Senate impeachment court.

The ICC’s rumored arrest warrant was allegedly issued on the morning of 8 March, just a day after former president Duterte flew to Hong Kong via Cathay Pacific flight CX912 to attend a thanksgiving event for overseas Filipino workers on Sunday. He was accompanied by the VP.

Duterte’s critics called into question the timing of the flight, speculating that the family might be trying to evade the potential arrest of the patriarch.

However, Duterte’s former chief presidential legal counsel Salvador Panelo told the Daily Tribune that such allegations were mere “fake news.”

“FPRRD and VP Sara are here to speak before a gathering of OFWs to express their thanks for their continued support,” he said in a message.

In his speech at the said event over the weekend, the former president maintained that what he had done in the past six years was only part of his duty as a president.

Nonetheless, he will “accept” the consequences of his actions if the International Criminal Police Organization or Interpol serves the arrest warrant against him.

The Philippines officially withdrew from the Rome Statute in March 2019 pursuant to Duterte’s order. This, after the international tribunal opened a preliminary investigation into his bloody drug war.

Executive Secretary Lucas Bersamin earlier confirmed that the ICC moves and courses with Interpol, which shall request the Philippine government for the arrest or delivery of the custody of a person subject to ICC jurisdiction.

Due to this, Bersamin explained that the country will “respond favorably or positively to Interpol” notwithstanding that the marching order originally came from the ICC.

According to Chua, the Philippines has a legal and diplomatic obligation to cooperate with Interpol because its membership remains intact, binding it to certain international protocols.

Further, Chua pointed out that the country could not sever its ties with Interpol as doing so might lead to serious consequences, including hindering the government’s efforts in hunting and apprehending fugitives who have fled to other countries.

"Although we already withdrew our membership from the ICC, we are still part of Interpol. In fact, when we were tracking down Alice Guo in other countries, we asked Interpol’s help and support. So we cannot turn our back to them because they accommodated us when we needed their help,” he stressed.

In the face of his looming arrest warrant, former president Duterte hinted that he might stay in Hong Kong for a month.