The House quad committee will “most likely” submit the relevant documents, including hearing transcripts, if they are subpoenaed by the International Criminal Court (ICC) when former president Rodrigo Duterte stands trial for alleged crimes against humanity.
This comes despite the panel’s earlier assertion that no submissions would be made, with panel chairperson Ace Barbers arguing that the ICC had no jurisdiction over the Philippines following the country’s withdrawal from the Rome Statute in 2019.
But in a press briefing Wednesday, Ako Bicol Rep. Angelo Jil Bongalon, a lawyer, said the committee will comply should the ICC subpoena the documents since the international tribunal had jurisdiction over Duterte’s actions related to the drug war prior to the country’s withdrawal from the Statute.
He explained that the testimonies and evidence presented during the committee’s investigations were publicly available, and if the ICC requested official transcripts or other evidence, the committee will likely comply.
Bongalon emphasized that complying with subpoenas is part of the legal process in any trial, and the Philippine government is bound to adhere to ICC directives.
“The discussions and testimonies during the panel hearings could help the ICC judges gain more evidence for the trial,” he pointed out.
The Supreme Court ruled in March 2021 that the Philippines’ withdrawal from the ICC did not exempt the country from participating in any ongoing ICC investigation, particularly regarding Duterte’s anti-drug campaign.
Tingog Rep. Jude Acidre noted the committee’s actions would align with the Philippines’ obligations to the ICC.
Duterte was arrested at Ninoy Aquino International Airport on Tuesday on his return from Hong Kong after the ICC warrant was served on him through Interpol. He faces charges of human rights abuses related to his anti-drug campaign, which resulted in thousands of deaths during his presidency, which some estimates suggested exceeded 30,000.
Duterte’s camp has criticized the arrest, claiming that due process was not followed and citing the lack of a physical arrest warrant.
Despite this, Duterte’s arrest signified that the ICC investigation was ongoing, after it was temporarily paused in 2018 until the Philippines launched a parallel investigation through the Quad Committee.
The Quad Committee’s investigation uncovered evidence, including a payout scheme that allegedly rewarded police officers who killed drug suspects.
Retired police Colonel Royina Garma testified that the scheme, called the “Davao template,” was instituted during Duterte’s tenure as Davao City mayor.
Duterte has admitted to encouraging police officers to provoke suspects into resisting arrest as a justification for killing them.
In December, the Quad Committee recommended filing criminal charges against Duterte and his allies, Senators Bong Go and Ronald “Bato” dela Rosa, who were implicated in the drug war.
La Union Rep. Paolo Ortega said the ICC’s arrest of Duterte “cemented” the Quad Committee’s recommendation.