3rd hearing on Duterte arrest set; Palace maintains executive privilege

MANILA, Philippines — The Senate investigation into the arrest of former president Rodrigo Duterte continues to broaden, as Sen. Imee Marcos sets a third hearing on April 8.

Tuesday’s hearing is set to compel the attendance of executive officials who, on April 3, snubbed the invitation of the Senate foreign relations committee investigating Duterte’s arrest and turnover to The Hague.

Absent at the hearing were Secretaries Jesus Crispin Remulla, Jonvic Remulla, Gilberto Teodoro Jr. and Enrique Manalo; Philippine National Police chief Gen. Rommel Marbil, PNP spokesperson Brig. Gen. Jean Fajardo and Criminal Investigation and Detection Group chief Nicolas Torre III; National Security Adviser Eduardo Año; Prosecutor General Richard Anthony Fadullon and Philippine Air Force commanding general Arthur Cordura.

Remulla and Año initially confirmed their attendance, but later declined, Marcos said.

Their absence has compelled Marcos to call – on motion by Sen. Ronald dela Rosa – for a subpoena to compel attendance or risk contempt.

On Dela Rosa’s motion, Marcos agreed to summon the officials from the executive department to help shed light on the legality of Duterte’s arrest.

The order has to be approved and signed by Senate President Francis Escudero before its execution.

At a press briefing after the hearing, Escudero said he could not yet sign the requested subpoenas, adding that they have to go through the Senate’s legal department to ensure that it would not result in a constitutional crisis.

He added that while he agreed that Supreme Court jurisprudence recognizes executive privilege to decline congressional investigations, the sub judice rule could not be used in the same way.

Executive privilege

Malacañang yesterday said the government will insist on executive privilege, amid the decision of Senator Marcos to subpoena officials after they snubbed the invitation of the Senate foreign relations committee investigating Duterte’s arrest and turnover to The Hague.

In an interview over Teleradyo, Palace press officer Claire Castro said while the Office of the President has no power to block the subpoena to be issued by Marcos, officials of the executive branch are covered by executive privilege.

“It is not within our power to block the subpoena of the Senate but we will continue to insist on the executive privilege if the questions are covered by executive privilege,” Castro said.

“During the last hearing, Senator Imee mentioned about the documents she was able to secure, including medical records of the victims (of the war on drugs) and the investigation of the International Criminal Court and, according to her, the administration was aware. Aside from the subpoena, all other issues being investigated were already verified and that’s enough,” she said.

Castro added that there is no need for Marcos to invite the secretaries and other high-ranking officials of the executive branch.

“The purpose of this (investigation) is in aid of legislation. We believe this is not meant to pin down the government. If there are many pieces of evidence that were already gathered, that’s enough,” she said.

“Senator Imee Marcos can get the other documents from other sources,” Castro noted, adding that no decision has been made on the subpoena on officials.

“Let us cross the bridge when we get there,” she said.

Valid, legal

The decision of some Cabinet officials to invoke executive privilege to excuse themselves from attending a Senate hearing is well within legal bounds and backed by the Constitution, House assistant majority leader and Tingog party-list Rep. Jude Acidre said yesterday.

“Invoking executive privilege is clearly provided under the Constitution. This is one under the powers of the executive,” Acidre, chairman of the House committee on overseas workers affairs, said in a Zoom interview.

He said the invocation of this privilege is neither new nor controversial and has precedent in previous administrations.

“We respect that. It happened not only under the administration of President Marcos. There was a time that former president Duterte prevented his Cabinet members and other officials of the executive to face the Senate,” he said.

Acidre also pointed to the House’s own practice of respecting inter-parliamentary courtesy.

“The Senate should remember that we, in the House, respected the inter-parliamentary courtesy to our colleagues in the Senate, like Senator Bato (dela Rosa), because of the war on drugs when he was the PNP chief,” the lawmaker said. — Bella Cariaso, Jose Rodel Clapano