Following Senator Robinhood Padilla’s remarks that he felt “discriminated” against in connection with his obstruction of justice case, the Department of Justice (DOJ) said Thursday that it is duty-bound to act on complaints filed with the agency.

DOJ Undersecretary Ian Norman Dato said during a press briefing that the agency must act once it receives a complaint and require respondents to submit their counter-affidavits and supporting evidence.

“We’re duty-bound, as soon as we receive any complaint, to request any respondent to appear before us to submit their counter-affidavits and their supporting evidence via a subpoena,” Dato said.

The DOJ issued a subpoena against Padilla last week in connection with an obstruction of justice complaint involving Senator Ronald “Bato” dela Rosa’s departure from the Senate premises amid an International Criminal Court (ICC) warrant against him.

After receiving the subpoena, Padilla said he felt “discriminated” against because the case stemmed from an international arrest warrant. He said the government should instead bring the case before the tribunal.

Dato stressed, however, that the subpoena does not constitute a finding of guilt but gives the respondent an opportunity to be heard.

He said the case remains at the preliminary investigation stage, during which respondents are given the opportunity to answer the allegations before prosecutors determine whether a prima facie case exists.

Padilla was directed to appear before the panel of prosecutors and submit his counter-affidavit on 25 September and 9 October.

Dato warned that failure to appear would constitute a waiver of Padilla’s right to be heard.

“Failure to appear will be considered a waiver of the right to defense and the case will be resolved based on the evidence on record,” he said.

Dato assured that the complaint would be resolved based on the evidence and the law.

Padilla, meanwhile, maintained that he did not help Dela Rosa evade authorities and that the senator merely hitched a ride in his car.