Senator Imee Marcos on Tuesday recommended the filing of charges against several top government officials involved in the controversial arrest of former president Rodrigo Roa Duterte.
Senator Marcos, who led the Senate Committee on Foreign Relations' investigation into the arrest of the former president, urged the Office of the Ombudsman to investigate Justice Secretary Jesus Crispin “Boying” Remulla, Interior Secretary Jonvic Remulla, Philippine National Police (PNP) Chief Pol. Gen. Rommel Marbil, and Criminal Investigation and Detection Group (CIDG) Director Maj. Gen. Nicolas Torre III.
Citing additional findings from the Senate panel, which she also leads, Senator Marcos said Secretary of Justice (SOJ) Remulla may be held liable for violations of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, for authorizing or initiating what she described as an invalid administrative arrest for Duterte.
She noted that this is “in contravention with 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.”
Other possible charges against SOJ Remulla include Usurpation of Judicial Functions, Grave Misconduct, and Conduct Prejudicial to the Best Interest of Public Service.
Senator Marcos also recommended the filing of charges for Secretary of Interior and Local Government (SILG) Remulla, such as arbitrary detention and Anti-Graft and Corrupt Practices Act violations, for inducing or persuading General Torre and/or General Marbil to perform acts in violation of law, rules, and regulations, or offenses in connection with the official duties of the latter.
The younger Remulla is also possibly liable for Grave Misconduct and Conduct Prejudicial to the Best Interest of Public Service, according to the lady lawmaker.
The same charges were also recommended to be filed against Marbil.
As for Torre, who led the arrest of Duterte, Senator Marcos recommended filing at least four cases. He is possibly liable for arbitrary detention and violation of Republic Act No. 7438 for not allowing Vice President Sara Duterte to visit her father, as well as forcing his lawyers to leave him.
Other charges for Torre include Violation of Republic Act 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, and Grave Misconduct and Conduct Prejudicial to the Best Interest of 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.
Senator Marcos said the investigation has yet to be concluded as more questions remain unanswered, such as which government officials assisted the ICC and details about the plane used to transport Duterte to The Hague, Netherlands.
Duterte was arrested on 11 March at the Ninoy Aquino International Airport upon his return to the country from a trip to Hong Kong. On the same day, he was transferred to The Hague, Netherlands, where the International Criminal Court (ICC) is based.
Duterte is suspected of murder qualified as a crime against humanity, allegedly committed in the Philippines between 1 November 2011 and 16 March 2019.
Based on government data, at least 7,000 people were killed under Duterte's drug war. However, both local and international human rights groups disagreed with the figures, stressing that the actual number of victims could be as high as 30,000.