Senator Imee Marcos formally recommended the filing of charges against government officials, including Cabinet members, involved in the arrest of former President Rodrigo Duterte.

On Friday, Senator Marcos personally submitted the report of the Senate Committee on Foreign Relations on Duterte’s arrest to the Office of the Ombudsman.

“I am respectfully transmitting the Chairman’s Report on the Senate investigation into the arrest of former President Rodrigo R. Duterte and his turnover to the custody of the International Criminal Court (ICC),” Senator Marcos said in her letter to Ombudsman Samuel Martires.

“During the course of the Senate inquiry, the Committee on Foreign Relations uncovered acts by high-ranking government officials which very likely constitute criminal and administrative offenses,” the letter said.

It continued: “Thus, I am requesting that these officials, all of whom are named in the report, be investigated, and where appropriate, prosecuted and/or sanctioned in accordance with the applicable laws, rules and regulations.”

The committee report included a recommendation to file administrative and criminal charges against Justice Secretary Jesus Crispin Remulla, Interior Secretary Jonvic Remulla, Philippine National Police Chief P/Gen. Rommel Marbil, and Criminal Investigation and Detection Group Director M/Gen. Nicolas Torre III.

Prior to this, citing additional findings of the Senate panel which she also leads, Senator Marcos said SoJ Remulla may be held liable for violations of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, for authorizing or initiating what she described as an invalid administrative arrest of Duterte.

She noted that this is “in contravention of the ruling of the Supreme Court in the case of Board of Commissioners of the Bureau of Immigration and the Jail Warden, Bureau of Immigration Detention Center vs. Yuan Wenle.”

Usurpation

Other possible charges against SoJ Remulla include Usurpation of Judicial Functions, and Grave Misconduct and Conduct Prejudicial to the Best Interest of the Public Service.

Senator Marcos also recommended the filing of charges against Secretary of the Interior and Local Government (SILG) Remulla, such as Arbitrary Detention and violation of the Anti-Graft and Corrupt Practices Act for inducing or persuading General Torre and/or General Marbil to perform an act in violation of the law, rules, and regulations, or an offense in connection with the official duties of the latter.

SILG Remulla may also be liable for Grave Misconduct and Conduct Prejudicial to the Best Interest of the Public Service, according to the senator.

‘I am requesting that these officials, all of whom are named in the report, be investigated, and where appropriate, prosecuted and/or sanctioned in accordance with the applicable laws, rules and regulations.’

The same charges were also recommended against Marbil.

As for Torre, who arrested Duterte, Senator Marcos recommended he face at least four cases, including for Arbitrary Detention and violation of Republic Act No. 7438 for not allowing Vice President Sara Duterte to see her father, as well as forcing his lawyers to leave him.

Other charges against Torre include violation of Republic Act No. 3019 for allowing himself to be induced or persuaded by General Marbil and/or SILG Secretary Remulla to perform an act in violation of law, rules, and regulations, or an offense in connection with his official duties, as well as Grave Misconduct and Conduct Prejudicial to the Best Interest of the Public Service.

Also named in the report was Special Envoy on Transnational Crimes Markus Lacanilao, who may be liable for Usurpation of Official Functions under Article 177 of the Revised Penal Code (RPC), False Testimony and Perjury under Article 183 of the RPC, and Conduct Prejudicial to the Best Interest of the Service.

Duterte was arrested on 11 March at the Ninoy Aquino International Airport upon his return to the country from Hong Kong. On the same day, he was flown to The Hague, Netherlands, where the ICC is based.

Duterte faces a charge of crimes against humanity over his administration’s drug war between 1 November 2011 and 16 March 2019 where between 7,000 and 30,000 people were reported killed.