During the second Senate hearing on the investigation into former president Rodrigo Duterte’s arrest by the International Criminal Court (ICC), Senator Imee Marcos addressed the absence of the majority of invited resource persons on 3 April, raising concerns over transparency and accountability.

The hearing aimed to clarify the involvement and roles of the ICC, the International Criminal Police Organization (Interpol), and various government agencies in Duterte’s controversial arrest in Pasay City.

Among those present were Senators Ronald “Bato” Dela Rosa, Allan Peter Cayetano, and Bong Go, alongside legal counsel Atty. Alex Medina.

In her opening statement, Marcos criticized the lack of attendance, warning against evasion and secrecy.

"Secrecy na ba, hindi transparency? Ang pag-iwas sa katotohanan ay parang utang na may interes — habang hindi binabayaran, lalong lumalaki ang atraso. Maaari mong iwasan ang pagharap ngayon, pero darating ang araw ng paniningil,” she declared.

"Nirerespeto ko ang doktrina ng executive privilege pero pakantandaan natin hindi ito puwedeng gamitin bilang blanket shield, pangkalahatang pantago, para ilagan ang tanong at umiwas sa paanyaya ng Senado," she added. 

Dela Rosa warns of constitutional crisis

Senator Ronaldo “Bato” Dela Rosa also voiced his disappointment over the officials' absence, warning that the situation could push the country to the brink of a constitutional crisis.

"Itong ginawa ng mga opisyales from the Executive branch of government is a total snub. Ito’y tahasang pagbalewala sa doktrina ng checks and balances ng ating gobyerno. Kung ayaw nila mag-attend ng hearing, ibig sabihin, ayaw nilang magpapa-check sa atin na co-equal branch of government," he asserted.

Frustrated by the snub, Dela Rosa moved to issue a subpoena compelling the absent government officials to appear at the next hearing — should one take place.

Go: Duterte should be tried in the Philippines

Senator Bong Go, attending via Zoom, reiterated his stance that Duterte should face justice in his home country.

"Matanda na po si Tatay Digong… Sa totoo lang, harmless na po siya… Ang mga Pilipino po ang dapat manghusga sa kanya," he stated.

Go stressed that if Duterte must be held accountable for his decisions — made in what he believed to be the best interest of the Filipino people — he should be judged by his own countrymen.

Palace invokes executive privilege

Marcos revealed that she received a letter dated 31 March from Executive Secretary Lucas Bersamin, stating that further participation of Cabinet members in the inquiry was unnecessary. Bersamin reasoned that they had already answered all questions and provided extensive information during the initial hearing.

He had also invoked Executive Order (EO) 464, which upholds executive privilege, classifying discussions between the President and his Cabinet as confidential and not for public disclosure.

However, Marcos countered that EO 464 does not serve as a free pass for Cabinet officials to evade Senate inquiries, underscoring the importance of checks and balances in governance.