Following the release of documents by the International Criminal Court (ICC) on Saturday, with some redactions lifted, Senators Ronald “Bato” dela Rosa and Christopher “Bong” Go should be allowed to avail themselves of legal remedies before local courts, Senate President Pro Tempore Panfilo M. Lacson said.

In a statement, Go disputed the ICC allegations, which he branded as “entirely unfounded, one-sided, unfair, and bear no relation to the reality of my roles and responsibilities during my service as Special Assistant to the President from June 2016 to October 2018, as well as Executive Assistant to the Mayor of Davao City from 1998 to 2016.”

“Let me be clear, at no time did I have any involvement in, knowledge of, or authority over these allegations. It is also inaccurate to claim that I was Chief of the Presidential Management Staff then, since at no point in time did that responsibility fall under mine,” the legislator added.

“My countrymen know that I only did my job in accordance with the laws of man and the laws of God — to help my fellow Filipinos, especially the poor and those who have no one else to turn to but the government,” Go said.

He stressed that his career was marked by the highest standards of integrity, transparency, and dedication to public welfare.

“I will not allow these baseless accusations to distract me from my responsibilities as a duly elected senator of the Republic. My focus remains steadfastly on serving the Filipino people, particularly the poor and vulnerable,” he said.

Names divulged via defense request

In a statement, Duterte’s lead counsel Atty. Nicholas Kaufman said the identities of the alleged co-perpetrators have been known to the defense team “for almost a year.”

“And as required by the Court, [we] have guarded them in absolute confidentiality. This puts to lie the utter falsity of the claim that the former president’s interim release would endanger the integrity of the Prosecution’s investigation,” Kaufman said.

Kaufman added that he had a meeting with the prosecution, during which he stated that the document containing the charges would have to be less redacted for the parties to “make meaningful submissions at confirmation for the benefit of the public.”

“Accordingly, the Prosecution has now revealed the names of what it alleges to be criminal co-perpetrators — something that we will prove to be completely lacking in truth. None of these co-perpetrators is, in my opinion, currently subject to arrest warrants,” Kaufman said.

Lacson emphasized that the legislature must be respected in any action that the ICC may take concerning the two senators, who were named as co-perpetrators in the anti-drug campaign during the administration of former president Rodrigo Duterte.

Duterte, who is being held in The Hague, Netherlands, facing charges of crimes against humanity, was whisked from the Philippines even before the Supreme Court could issue a ruling on petitions questioning the ICC’s jurisdiction in the country and the procedures taken for his surrender by the government.

The ICC has identified both senators, along with former justice secretary Vitaliano Aguirre II, as co-perpetrators with Duterte in the ICC case.

In what was called a public, lesser-redacted version of the “Document Containing the Charges” (DCC) released ahead of the confirmation of charges hearing set to begin on 23 February, the ICC prosecutors outlined individuals allegedly involved in what they described as a common plan to “neutralize” suspected criminals in the Philippines.

According to the prosecution, Duterte and his co-perpetrators “shared a common plan or agreement to ‘neutralize’ alleged criminals in the Philippines (including those perceived or alleged to be associated with drug use, sale or production) through violent crimes including murder” from at least 1 November 2011 to 16 March 2019.

“I think they (De la Rosa and Go) should have the chance to avail of all legal options, because our local courts and processes must be respected. If there is an arrest warrant from the ICC or a foreign court, it should go through our local courts which will issue a corresponding order to implement the foreign entity’s arrest warrant,” Lacson said in a radio interview.

He noted that if the ICC or any foreign court issues an arrest warrant, the process must pass through Philippine judicial channels.

Lacson added that the Senate would discuss possible courses of action, including any assistance that may be extended to their peers. He said Senate President Vicente Sotto III may call for a caucus to consult with fellow senators on the matter.

For now, Lacson said it is premature to determine the chamber’s next steps, as the ICC has yet to release a bill of particulars detailing the specific charges and potential penalties facing the two lawmakers.

“The Senate’s lawyers will study possible courses of action to take, given the circumstances,” he said.

He added that any decision to extend assistance would be discussed collectively by the senators.

“We’ll cross the bridge when we get there,” Lacson said.

The prosecution said Go served as Duterte’s longtime assistant during his tenure as Davao City mayor and later as president. At the same time, De la Rosa was Davao City police chief and eventually chief of the Philippine National Police (PNP) under Duterte’s administration.

Aguirre, for his part, was identified as having served as legal counsel for Duterte and members of the so-called Davao Death Squad when Duterte was mayor, and later as justice secretary during his presidency.

Also named as co-perpetrators were former police officials Vicente Danao, Camilo Cascolan, Oscar Albayalde, Dante Gierran and Isidro Lapeña, who served in various capacities under Duterte during his time as Davao City mayor and then as president. Gierran also headed the National Bureau of Investigation.

The document also referred to “other members of the PNP and high-ranking government officials” as part of the alleged common plan.

The confirmation of charges hearing will determine whether there is sufficient evidence to proceed to trial against Duterte before the ICC, which has been investigating alleged crimes linked to his administration’s anti-drug campaign.

When asked if warrants of arrest might be issued for the co-perpetrators, lawyer Kristina Conti, ICC assistant to counsel, said it was possible.

She also confirmed that no warrants have been issued yet and that separate applications are required before a signed warrant can be released.

“There is no warrant of arrest yet. Correct. A warrant of arrest requires a separate application. At the moment, we don’t know if one exists, but it’s also possible that there is already one, which is why he (De la Rosa) might be in hiding. What we are waiting for is a signed, issued warrant of arrest — not just the application.” Conti said.

The disclosure provides the first public glimpse into the ICC’s investigation into alleged crimes linked to Duterte and his identified associates, highlighting that legal proceedings are ongoing and that enforcement actions, such as warrants, remain pending.

According to the prosecution, Duterte is criminally responsible under various modes of liability, including indirect co-perpetration, ordering and/or inducing, and aiding and abetting.

The charges are divided into three counts.

Count 1 covers alleged murders in or around Davao City during Duterte’s mayoral period, involving 19 victims between 2013 and June 2016.

Count 2 pertains to the alleged murder of 14 “high-value targets” in locations across the Philippines during the early years of Duterte’s presidency, between July 2016 and July 2017.

Count 3 involves 43 alleged murders and two attempted murders carried out in barangay clearance operations nationwide between July 2016 and September 2018.

The prosecution alleged that the acts formed part of a “widespread and systematic attack against the civilian population” and were carried out pursuant to a policy to “neutralize” alleged criminals, particularly those linked to illegal drugs.

The document states that while the charges specify 76 murders and two attempted murders, the actual scale of killings during the charged period was “significantly greater.”

The filing was signed by Deputy Prosecutor Mame Mandiaye Niang and dated at The Hague.