The Senate Committee on Foreign Relations hearing into the controversial arrest of former President Rodrigo Duterte proceeded Thursday without key Cabinet officials who chose not to attend despite being invited.

Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Defense Secretary Gilberto Teodoro Jr., Foreign Affairs Secretary Enrique Manalo and National Security Council Director General Eduardo Año were among those absent from the proceedings.

Other officials who skipped the hearing included Philippine Center on Transnational Crime Executive Director Anthony Alcantara, Philippine National Police (PNP) Chief Rommel Marbil, and PNP-Criminal Investigation and Detection Group Director Nicolas Torre III.

The only government representatives present were lawyers RJ Bernal and Ferdino Logie Santiago, both from the Securities and Exchange Commission. Alexis Medina, a legal scholar, also attended the hearing.

Senator Imee Marcos, who chairs the Senate panel, expressed disappointment over the “total snub” of Cabinet officials of the chamber’s probe into the former president’s arrest.

In her opening statement, the senator asked if the refusal of the Cabinet officials to attend the proceedings was not tantamount to running from their liabilities.

“The truth is like a shadow — it follows you wherever you go. The truth is like a shadow — it does not exist without light, without explanation,” she said.

“Is it secrecy now, not transparency? Avoiding the truth is like a debt with interest — the longer you delay payment, the bigger your liability becomes. You can avoid facing it today, but the day of reckoning will come,” she added.

She also responded to the letter of Executive Secretary Lucas Bersamin to the upper chamber, where he said that the further participation of the Cabinet members “may no longer be necessary.”

According to Senator Marcos, the preliminary findings drawn from the Senate panel’s first hearing on 20 March were not sufficient, saying that many questions remained unanswered.

“This hearing should have been an opportunity for our Cabinet members to explain to the people,” she said.

Not sub judice

She countered Bersamin’s assertion that further discussions on the matter may constitute a violation of sub judice rule, citing the four pending petitions before the Supreme Court (SC) regarding the arrest of Duterte.

“On the issue of sub judice, we all know — and most importantly, our former Chief Justice (Bersamin) knows — that the Supreme Court itself has stated that sub judice is not violated when a Senate inquiry is conducted in aid of legislation,” she said.

“This does not fall under the typical sub judice rule that prohibits public discussion of matters being tried in court. Legislative inquiries are crucial for shaping and strengthening our laws,” she added.

She continued: “There is a well-known saying: ‘Hidden truths are unspoken lies.’ Truth that is concealed is also a lie — and that seems to be what is happening now. By hiding the truth behind executive privilege and sub judice, it appears as though a cover-up is taking place.”

The non-attendance of the government officials involved in the arrest of Duterte prompted his known ally in the Senate, Senator Ronald “Bato” Dela Rosa to move to subpoena certain officials.

Dela Rosa, who is a co-accused of Duterte in his crimes against humanity charge before the International Criminal Court, requested the issuance of a subpoena for Department of Justice Prosecutor General Anthony Fadullon and Philippine Air Force Commanding General Arthur Cordura.

His participation at the hearing was his first appearance at the Senate following the arrest of Duterte on 11 March. Senator Christopher “Bong” Go, another ally of Duterte, also attended the hearing through a video link.

Senator Marcos said Dela Rosa’s request is pending in the Senate legal office.

Prior to the hearing, Senate President Francis “Chiz” Escudero confirmed receiving a letter from Bersamin about the decision not to allow further participation of Cabinet officials in the hearing.

Escudero also confirmed receiving a subpoena request from Senator Marcos for Fadullon and Cordura, which he signed but was still up for study.

He noted that while executive privilege can be invoked to skip congressional proceedings, it can be lead to a more serious problem such as a constitutional crisis, hence, the subpoena for the two officials were pending.

Gov’t aided ICC

“The last thing I want, amid all the chaos in our country, is to add to it by triggering a constitutional crisis over the subpoena,” he said.

“So instead of sending my subpoena to the OSAA (Office of the Sergeant-At-Arms) or having the Secretary General send it, it was sent to the Senate’s legal department to study the implications of invoking executive privilege in relation to the subpoenas I signed,” he added.

During the hearing, Senator Marcos accused the government of contradicting itself, citing previous pronouncements of both President Ferdinand Marcos Jr. and other officials about not cooperating with the ICC.

“As early as May, there was already a briefer about President Duterte’s arrest. It is not true to say that the Philippine government had nothing to do with this,” the senator said.

Senator Marcos claimed the Bureau of Immigration recognized the ICC officials who entered the country last year in connection with its investigation of Duterte.

According to the lawmaker, Maya Destura Brackeen, an interpreter for the ICC arrived in the country last year.

She also named William Rosato and Amir John Kassam, both believed to be protection experts from the international tribunal who entered the country in October last year.