The House quad committee will “most likely” submit relevant documents, including transcripts of its hearings, once subpoenaed by the International Criminal Court (ICC) during the trial of former President Rodrigo Duterte in his case against alleged crimes against humanity.

This, despite an earlier commitment that no submissions would be made to the international tribunal, which panel chairperson Ace Barbers asserted has no business meddling in the country following its withdrawal from the Rome Statute in 2019.

In a press briefing Wednesday, Ako Bicol Rep. Angelo Jil Bongalon, a lawyer, said the committee will be compelled to obey the subpoena because the ICC has already acquired jurisdiction over Duterte’s notorious bloody drug war even prior to the country’s withdrawal as a party member.

“As mentioned, the testimonies of the witnesses who appeared before this committee’s investigations are publicly available. But if they want the official transcript as well as other pieces of evidence, of course, in adherence to the subpoena, probably the committee will comply,” Bongalon said.

According to the lawmaker, the submissions of evidence and issuance of subpoenas are part of compulsory processes during any trial, and the Philippine government through the quad comm is bound to strictly adhere to the ICC if it orders such.

“So,  I guess if a compulsory process for instances, [a] subpoena will be issued, most likely the committee will follow with that subpoena,” he explained.

“The discussions, the deliberations, and the testimonies uttered before the quad comm hearings probably will enlighten the judges of the International Criminal Court…to have more evidence for the trial against the former president,” Bpngalon concluded.

In March 2021, the Supreme Court (SC) ruled that the Philippines’ withdrawal from the ICC — under Duterte’s order — does not discharge the country from participating in any criminal proceedings that the international tribunal may carry out in relation to its investigation into the previous administration’s brutal anti-drug campaign.

Thus, the submissions of the official records to the ICC will be a “point of consideration,” according to Tingog Rep. Jude Acidre.

“Whatever the committee does, I think it will be consistent with our continuing obligations under the ICC despite our withdrawal in 2019,” he told reporters. 

Duterte was arrested early Tuesday at the Ninoy Aquino International Airport, right before he disembarked a plane from a trip to Hong Kong.

Authorities served the warrant on the orders of the ICC through Interpol, accusing him of committing human rights abuses and violations at the height of his violent anti-drugs crackdown, which was originally waged during his tenure as Davao City mayor.

During his presidency, authorities estimated that more than 7,000 individuals were reportedly killed under his war on drugs.

However, local and international human rights organizations approximate that the figures were a far cry from the actual death toll, probably exceeding 30,000, affecting predominantly low-income families and communities.

The camp of the erstwhile president cried foul over his arrest, asserting that due process was not followed, citing the absence of a physical arrest warrant.

After a grueling stand-off between authorities and Duterte’s camp, the former president departed the Philippines for The Hague before midnight.

Duterte has been the subject of the ICC’s investigations as early as 2018. It temporarily halted its investigation until the Philippines launched a parallel investigation into the alleged extrajudicial killings through the quad comm.

The mega panel, whose parallel probe allegedly “boosted” Duterte’s case before the ICC, earlier reaffirmed that its position remains unchanged, aligning with the government’s stance that the ICC has no jurisdiction over the country.

Last week, Barbers asserted that the files against Duterte will remain in the country unless the ICC accesses them independently through the official Facebook and YouTube pages of the House of Representatives.

The quad comm investigation has uncovered a myriad of evidence against the former president, including a payout scheme that allegedly rewards police in exchange for killing drug suspects.

Retired police Colonel Royina Garma, Duterte’s so-called trusted aide, claimed during the congressional hearing that it was modeled after the “Davao template,” which developed during Duterte's tenure as Davao City mayor.

Duterte had repeatedly told a hearing—under oath—that he encouraged police to provoke drug suspects to fight back as a pretext to kill them.

He also admitted that he takes "full, legal responsibility” for the summary killings committed by the police during his brutal drug war.

In December, the quad comm finally recommended the filing of criminal charges against him along with his close allies, Senators Christopher Lawrence “Bong” Go and Ronald “Bato” de la Rosa, who were both highly implicated in the drug war.

According to La Union Rep. Paolo Ortega V, the ICC's arrest of Duterte "cements" the recommendation of the quad comm.