Justice Secretary Crispin “Boying” Remulla on Thursday said it was he who cleared the arrest and surrender of former President Rodrigo Duterte to the International Criminal Court (ICC), following the issuance of a diffusion order by the International Criminal Police Organization (Interpol).

In a hearing of the Senate Committee on Foreign Relations chaired by Senator Imee Marcos, Remulla admitted under questioning that he gave the green light for Duterte’s arrest, insisting the government had no choice but to comply.

“We had no other option,” Remulla said, explaining that an extradition did not apply in this case since Duterte was already in the country and the request was not made under a formal extradition proceeding.

He cited Republic Act 9851, or the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity, as the legal basis for the action.

Marcos, however, raised questions over the decision, citing “considerable confusion” on whether the surrender to the ICC was lawful, and why the administration had not secured a court order before Duterte left the country.

She also echoed her brother President Ferdinand Marcos Jr.’s earlier statement that the arrest was in line with the Philippines’ commitments to Interpol.

“What was really the basis of the arrest? We just want to understand the process step by step. Who ordered the arrest, and who mobilized the Philippine National Police?” Marcos asked.

Remulla pointed to the ICC’s “residual powers” even after the Philippines had withdrawn from the Rome Statute.

Senator Ronald “Bato” dela Rosa then asked Philippine National Police chief, General Rommel Francisco Marbil, who issued the arrest order.

Marbil invoked executive privilege but Remulla interjected and requested a brief recess. Senator Marcos, however, pressed on, clarifying that de la Rosa was merely asking about the chain of command.

Remulla insisted, “That’s executive privilege. It’s been discussed within the executive branch. We can’t bring it out here. The decision-making process of the executive branch, especially at the top level — including us — is covered by executive privilege. I’ve gone as far as saying that I gave the clearance.”

Clearance or order

Dela Rosa asked if he merely gave a clearance or the actual order. Remulla responded, “Well, it can be interpreted both ways,” before stating that he gave the clearance to Interior Secretary Jonvic Remulla, and then he reasserted executive privilege.

“So meaning the SILG was the one who gave the orders to the Chief PNP?” Dela Rosa asked. Again, Remulla declined to elaborate, citing executive privilege.

Senator Marcos challenged the invocation, arguing that Criminal Investigation and Detection Group (CIDG) Chief Gen. Nicolas Torre III had already told the media that he was instructed by the PNP chief to arrest Duterte.

“There’s no information here that isn’t available elsewhere. What’s the issue with executive privilege here? Why can’t these questions be answered? Senator Marcos said.

She added that the Supreme Court has ruled that executive privilege has limits. “We’re just asking who gave the orders,” she said.

Remulla maintained that the internal deliberations of Cabinet and executive officials should not be discussed publicly. “That’s the reason why this doctrine was drawn by the Supreme Court in different cases,” he said.

Marcos countered that General Torre was neither a Cabinet official nor the PNP chief, and was therefore not covered by executive privilege. “It’s not like this information isn’t available elsewhere,” she said.

Remulla responded, “And if it’s available elsewhere, then we don’t need to answer for him, Madam Senator.”

In the first hearing, Jonvic Remulla denied saying in a televised interview that the arrest of Duterte was arrived at during a meeting between him, President Ferdinand Marcos Jr., Defense Secretary Gilberto Teodoro and National Security Council chief Eduardo Año.