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Alexis Romero - The Philippine Star
April 2, 2025 | 12:00am
MANILA, Philippines — With their “extensive disclosures,” it may no longer be necessary for executive officials to attend the next hearing of a Senate committee on the arrest of former president Rodrigo Duterte, Malacañang told Senate leaders in a letter.
In a letter to Senate President Francis Escudero and Senate foreign relations committee chairperson Sen. Imee Marcos, Executive Secretary Lucas Bersamin said officials from various agencies dutifully attended the inquiry held on March 20 and answered all the questions to the best of their knowledge.
“We believe that further participation may no longer be necessary at this time, especially considering that the honorable chairperson has publicly relayed her comprehensive findings thereon,” Bersamin said in the letter dated March 31.
Imee saddened
Malacañang’s decision was “saddening,” Senator Marcos said in reaction. “There are still questions that need answers.”
In a chance interview, she said she had asked Malacañang to reconsider its decision.
“This is an opportunity for them to explain to the people what really happened. By not attending, it will make people speculate that they are hiding something,” Marcos said.
Last week, she released the preliminary findings of her committee, which cited “glaring violations” of the rights of Duterte, who is now awaiting trial in The Hague for alleged crimes against humanity.
According to the senator, the constitutional safeguards guaranteeing liberty and due process of law were not observed during the arrest.
She said the government enforced the arrest warrant issued by the International Criminal Court (ICC) based on an “unverified diffusion notice” sent by the tribunal to the International Criminal Police Organization or Interpol.
Since the diffusion notice states that it was only for a “provisional arrest” rather than an “arrest and surrender,” the Philippines had no obligation to turn over Duterte to The Hague, the senator said.
Bersamin reiterated Malacañang’s stance on the extent of executive privilege as relayed to the committee through a letter dated March 20.
“We believe that all matters not covered as executive privilege have already been extensively discussed,” the executive secretary said.
In the March 20 letter, Malacañang invoked executive privilege against the disclosure of information related to presidential communications solicited and received from the President’s advisers, particularly discussions held in closed-door Cabinet meetings on matters covered by the Senate hearing. According to Bersamin, such information is classified as privileged.
But Senator Marcos said executive privilege in congressional inquiries can be invoked only on a case-to-case basis and cannot be used as a “blanket excuse” for skipping the probe.
At a press briefing last Monday, Presidential Communications Undersecretary Claire Castro said Marcos won’t prevent Cabinet members and other officials from attending the Senate probe, provided that it would not violate executive privilege.
Pending petitions
Bersamin also noted that there are four petitions pending in the Supreme Court involving Duterte’s arrest that are closely intertwined with items being deliberated in the hearings of the Senate foreign relations committee.
“Accordingly, further discussions on the matters in the agenda of the hearing may constitute violation of the sub judice rule, which could unduly influence the ongoing proceedings,” the executive secretary said.
The petitions questioned the validity of Duterte’s arrest and pointed out that the Philippines is no longer a member of the ICC. Duterte withdrew the Philippines from the Rome Statute in 2019.
The ICC maintains that it has jurisdiction over crimes committed before the withdrawal from the statute.
“In light of these considerations, we must respectfully decline the invitation to attend the hearing,” Bersamin said.
“Nevertheless, we remain available to extend our full cooperation through other appropriate channels, should there be any further clarifications required within the bounds of the law,” he added.
On Meta, Senator Marcos posted a quote card showing Bersamin’s and Castro’s conflicting positions on the issue.
“Is this an April Fools’ joke? Whose order should be followed?” Marcos said. — Marc Jayson Cayabyab
